Fresh Fruit and Vegetable Regulations

Version of the schedule from 2006-09-21 to 2011-09-29:


SCHEDULE I(Sections 3, 10, 25, 31, 35, 36 and 56)

PART IGRADES AND STANDARDS FOR FRESH FRUIT

Interpretation

  • 1. In this Part,

    “clean”

    “clean” means the fruit is not affected by dirt, dust, spray residue, wax marks or other foreign material and is not contaminated or adulterated; (propre)

    “fairly well formed”

    “fairly well formed” means at least one half of the fruit is well formed and the other half deviates only slightly from being well formed; (passablement bien formé)

    “hand picked”

    “hand picked” means the fruit shows no evidence of rough handling or of having been on the ground; (cueilli à la main)

    “mature”

    “mature” means the fruit has reached the stage of development that ensures completion of the ripening process; (à maturité ou mûr)

    “sound”

    “sound” means that, at the time of shipping or repacking, the fruit is free from condition defects such as decay, breakdown, freezing damage, bitter-pit, soft or shrivelled specimens, overripe specimens, brown core, corky core or other damage adversely affecting the keeping quality of the fruit; (sain)

    “wax marks”

    “wax marks” means a visible wax residue in the form of white streaks, white spots or white areas on the surface of the fruit; (marques de cire)

    “well formed”

    “well formed” means the fruit is of the shape characteristic of the variety when mature. (bien formé)

    • SOR/86-864, s. 10;
    • SOR/88-369, s. 14;
    • SOR/88-428, ss. 14, 26;
    • SOR/94-510, s. 24;
    • SOR/94-718, s. 9.

Grades and Standards for Apples

Application

  • 2. The grades and standards set out in sections 3 to 11 apply to apples of varieties grown from Malus domestica or Malus communis.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 3. The grades and grade names for apples are Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed, Canada Commercial Cookers, Canada No. 1 Peelers and Canada No. 2 Peelers.

    • SOR/79-144, s. 9;
    • SOR/81-186, s. 7;
    • SOR/86-864, s. 11;
    • SOR/88-369, s. 15;
    • SOR/88-428, ss. 15, 26(F);
    • SOR/92-618, s. 24;
    • SOR/94-718, s. 9.

Standards for All Grades

    • 4. (1) In this section, “sized” means that the apples

      • (a) have a minimum diameter of 60 mm (2 3/8 inches);

      • (b) in the case of tiered apples, are packed by count and

        • (i) if they are of the box count size 100 or of a larger size, do not vary in diameter by more than 8 mm (5/16 inch) in any one container, or

        • (ii) if they are of a smaller size than the box count size 100, do not vary in diameter by more than 6 mm (1/4 inch) in any one container; or

      • (c) in the case of untiered apples, are packed in accordance with one of the following diameter size ranges, namely,

        • (i) 60 mm (2 3/8 inches) to 63 mm (2 1/2 inches),

        • (ii) 60 mm (2 3/8 inches) to 70 mm (2 3/4 inches),

        • (iii) 60 mm (2 3/8 inches) and up,

        • (iv) 63 mm (2 1/2 inches) to 70 mm (2 3/4 inches),

        • (v) 63 mm (2 1/2 inches) to 76 mm (3 inches),

        • (vi) 63 mm (2 1/2 inches) and up,

        • (vii) 70 mm (2 3/4 inches) to 76 mm (3 inches),

        • (viii) 70 mm (2 3/4 inches) and up, or

        • (ix) 76 mm (3 inches) and up.

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in sections 15 and 16, apples of all grades, other than Canada Commercial Cookers, Canada No. 1 Peelers and Canada No. 2 Peelers, shall

      • (a) be properly packed;

      • (b) be hand picked, of one variety and sized;

      • (c) be mature, clean and sound;

      • (d) meet the colour requirements set out in section 12;

      • (e) have the colour intensity set out in section 13;

      • (f) be free from bruises that are soft;

      • (g) be free from skin punctures that exceed the tolerances set out in columns III and IV of an item of the table to section 14 for the grade and the type of container or display set out in columns I and II, respectively, of that item;

      • (h) be free from limb rub that is soft;

      • (i) where the apples are sold after January 31 following the year in which they were harvested, be free from watercore

        • (i) existing around the core and extending to the circular area formed by the vascular bundles,

        • (ii) surrounding the vascular bundles, where the affected areas surrounding three or more adjacent vascular bundles meet or coalesce, or

        • (iii) existing to more than a slight degree outside the circular area formed by the vascular bundles;

      • (j) be free from insect larvae and red banded leaf roller damage; and

      • (k) be free from a combination of two or more defects referred to in paragraphs (f) to (i) that individually do not exceed their respective tolerances but that in combination affect the appearance, edibility or shipping quality of the apples.

    • SOR/81-186, s. 8;
    • SOR/86-864, s. 12;
    • SOR/88-369, s. 16;
    • SOR/88-428, ss. 16, 26(F);
    • SOR/94-718, s. 9.

Canada Extra Fancy Grade Standards

    • 5. (1) In addition to meeting the standards for all grades set out in section 4, apples graded Canada Extra Fancy shall

      • (a) be smooth and well formed;

      • (b) be free from bruises that

        • (i) individually exceed 19 mm (3/4 inch) in diameter, or

        • (ii) affect an aggregate area per apple exceeding 25 mm (1 inch) in diameter;

      • (c) be free from hail damage that

        • (i) has broken the skin,

        • (ii) has caused discolouration,

        • (iii) has caused an individual mark exceeding 3 mm (1/8 inch) in diameter, or

        • (iv) affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter;

      • (d) be free from limb rub that

        • (i) is depressed,

        • (ii) in the case of apples of the Red Delicious variety, affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter, or

        • (iii) in the case of apples of varieties other than Red Delicious, affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter;

      • (e) be free from russeting that

        • (i) is within the stem cavity or calyx basin and is rough and readily apparent and materially affects the appearance of an apple, or

        • (ii) is outside the stem cavity or calyx basin and is

          • (A) rough and affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter,

          • (B) slightly rough and affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter,

          • (C) smooth and solid and in the aggregate affects more than five per cent of the surface area of an apple, or

          • (D) smooth and net-like and in the aggregate affects more than 10 per cent of the surface area of an apple;

      • (f) be free from scab, including pinpoint scab;

      • (g) where the apples are sold before January 1 following the year in which they were harvested, be free from storage scald;

      • (h) where the apples are sold after December 31 following the year in which they were harvested, be free from storage scald that affects more than

        • (i) 15 per cent of the surface area of an apple, or

        • (ii) 10 per cent by count of the apples in a lot;

      • (i) be free from insect damage of any of the following types, namely,

        • (i) pansy spot that affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter,

        • (ii) insect damage other than pansy spot, or

        • (iii) scale and scale spots that

          • (A) exceed two per apple, or

          • (B) affect more than five per cent by count of the apples in a lot;

      • (j) be free from insects and disease;

      • (k) be free from Jonathan spot, drought spot or marks resembling drought spot;

      • (l) be free from sprayburn and sunscald;

      • (m) be free from skin breaks at the stem;

      • (n) be free from a combination of two or more defects referred to in paragraphs (b) to (i) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (o) be free from any other damage or defect or combination thereof that affects the appearance, edibility or shipping quality of the apples.

    • (2) Notwithstanding paragraph 4(2)(b), apples of different varieties packed in approximately equal proportions in containers not exceeding a capacity of 10 kg and labelled with the words “Gift Pack”, “Combination Pack” or “Variety Pack”, that in all other respects meet the standards for Canada Extra Fancy grade, may be designated as Canada Extra Fancy.

    • SOR/81-186, s. 9;
    • SOR/86-864, s. 13;
    • SOR/88-369, s. 17;
    • SOR/88-428, ss. 17, 26(F);
    • SOR/94-718, s. 9.

Canada Fancy Grade Standards

  • 6. In addition to meeting the standards for all grades set out in section 4, apples graded Canada Fancy shall

    • (a) be smooth and fairly well formed;

    • (b) be free from bruises that

      • (i) individually exceed 19 mm (3/4 inch) in diameter, or

      • (ii) affect an aggregate area per apple exceeding 25 mm (1 inch) in diameter;

    • (c) be free from hail damage that

      • (i) has broken the skin,

      • (ii) affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter, or

      • (iii) has noticeably depressed the affected areas or materially affects the appearance of an apple;

    • (d) be free from limb rub that

      • (i) is noticeably depressed, or

      • (ii) affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter;

    • (e) be free from russeting that

      • (i) is within the stem cavity or calyx basin and is rough and readily apparent and materially affects the appearance of an apple, or

      • (ii) is outside of the stem cavity or calyx basin and is

        • (A) rough and affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter,

        • (B) slightly rough and affects an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter,

        • (C) smooth and solid and in the aggregate affects more than 10 per cent of the surface area of an apple, or

        • (D) smooth and net-like and in the aggregate affects more than 25 per cent of the surface area of an apple;

    • (f) be free from pinpoint scab;

    • (g) be free from scab, other than pinpoint scab, that affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter;

    • (h) be free from storage scald that affects more than

      • (i) 15 per cent of the surface of an apple, or

      • (ii) 15 per cent by count of the apples in a lot;

    • (i) be free from sprayburn and sunscald

      • (i) in the case of apples failing to meet the colour requirements of Canada Extra Fancy grade, or

      • (ii) in the case of apples meeting the colour requirements of Canada Extra Fancy grade, that does not blend with the normal colour of the apples or that is soft or has caused blistering or cracking of the skin;

    • (j) be free from insect damage of any of the following types, namely,

      • (i) curculio or plant bug damage that is not completely and smoothly healed over or that shows evidence of penetration below the surface of an apple,

      • (ii) leaf roller damage, other than red banded leaf roller damage, that has deformed an apple or affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter,

      • (iii) three or more insect punctures or stings per apple or any insect punctures or stings that exceed 10 mm (3/8 inch) in depth or 3 mm (1/8 inch) in diameter, inclusive of any encircling discoloured ring,

      • (iv) apple maggot punctures or stings that affect more than five per cent by count of the apples in a lot,

      • (v) pansy spot that affects an aggregate area per apple exceeding 25 mm (1 inch) in diameter, or

      • (vi) scale and scale spots that

        • (A) exceed two per apple, or

        • (B) affect more than five per cent by count of the apples in a lot;

    • (k) be free from insects;

    • (l) be free from Jonathan spot, drought spot or marks resembling drought spot;

    • (m) be free from skin breaks at the stem;

    • (n) be free from a combination of two or more defects referred to in paragraphs (b) to (j) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

    • (o) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the apples.

    • SOR/86-864, s. 14;
    • SOR/94-718, s. 9.

Canada Commercial Grade Standards

    • 7. (1) In addition to meeting the standards for all grades set out in section 4, apples graded Canada Commercial shall

      • (a) be free from bruises that affect an aggregate area per apple exceeding 38 mm (1 1/2 inches) in diameter;

      • (b) be free from hail damage that has

        • (i) not broken the skin but affects an aggregate area per apple exceeding 19 mm (3/4 inch) in diameter,

        • (ii) broken the skin and is not well healed,

        • (iii) broken the skin and is well healed but affects an aggregate area per apple exceeding 6 mm (1/4 inch) in diameter, or

        • (iv) noticeably depressed the affected areas or seriously affected the appearance of an apple;

      • (c) be free from limb rub that affects more than five per cent of the surface area of an apple;

      • (d) be free from russeting that

        • (i) is smooth and solid and affects an aggregate area per apple exceeding one-half of the surface area of the apple, inclusive of the stem cavity and calyx basin, or

        • (ii) is rough or slightly rough and detracts from the appearance of an apple to a greater degree than the maximum amount of smooth, solid russeting permitted under subparagraph (i);

      • (e) be free from scab that affects an aggregate area per apple exceeding 19 mm (3/4 inch) in diameter;

      • (f) be free from storage scald that affects more than 25 per cent of the surface area of an apple;

      • (g) be free from sprayburn and sunscald that

        • (i) is soft or has caused blistering or cracking of the skin, or

        • (ii) affects more than 10 per cent of the surface area of an apple and does not blend with the normal colour of the apple;

      • (h) be free from drought spot or marks resembling drought spot that

        • (i) exceed three per apple,

        • (ii) affect an aggregate area per apple exceeding 13 mm (1/2 inch) in diameter, or

        • (iii) have noticeably depressed or discoloured the affected areas;

      • (i) be free from insect damage of any of the following types, namely,

        • (i) curculio or plant bug damage that is not completely and smoothly healed over or that shows evidence of penetration below the surface of an apple,

        • (ii) leaf roller damage, other than red banded leaf roller damage, that affects more than five per cent of the surface area of an apple,

        • (iii) four or more insect punctures or stings, other than bud moth stings, per apple,

        • (iv) six or more bud moth stings per apple,

        • (v) any insect punctures or stings that exceed 10 mm (3/8 inch) in depth or 3 mm (1/8 inch) in diameter, inclusive of any encircling discoloured ring,

        • (vi) apple maggot punctures or stings that affect more than 25 per cent by count of the apples in a lot, or

        • (vii) scale and scale spots that exceed 10 per apple;

      • (j) be free from a combination of two or more defects referred to in paragraphs (a) to (i) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (k) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the apples.

    • (2) Apples graded Canada Commercial may be alternatively designated “Canada Cee” or “Canada “C”.

    • SOR/94-718, s. 9.

Canada Hailed Grade Standards

  • 8. In addition to meeting the standards for all grades set out in section 4, apples graded Canada Hailed shall

    • (a) meet the standards of Canada Commercial grade except those set out in paragraph 7(2)(c);

    • (b) have not less than the amount of colour required for Canada Fancy grade as set out in section 12; and

    • (c) be free from hail damage that

      • (i) has not broken the skin but affects an aggregate area per apple exceeding 38 mm (1 1/2 inches) in diameter,

      • (ii) has broken the skin and is not well healed,

      • (iii) has broken the skin and is well healed but exceeds 10 mm (3/8 inch) in diameter or affects an aggregate area per apple exceeding 25 mm (1 inch) in diameter, or

      • (iv) exceeds 6 mm (1/4 inch) in depth.

    • SOR/94-718, s. 9.

Canada Commercial Cookers Grade Standards

  • 9. Subject to the general tolerances set out in subsections 15(1) and 16(1), apples graded Canada Commercial Cookers shall

    • (a) meet the standards of Canada Commercial grade, except those set out in paragraphs 4(2)(d) and (e);

    • (b) with the exception of apples of the Northern Spy variety and of varieties that mature earlier than Northern Spy, be mature; and

    • (c) have a minimum diameter of 63 mm (2 1/2 inches) in the case of apples of the Northern Spy variety and a minimum diameter of 57 mm (2 1/4 inches) in the case of apples of other varieties.

    • SOR/94-718, s. 9.

Canada No. 1 Peelers Grade Standards

  • 10. Subject to the general tolerances set out in subsections 15(2) and 16(2), apples graded Canada No. 1 Peelers shall

    • (a) be of one variety and fairly well formed;

    • (b) be fairly clean, mature and sound;

    • (c) have a minimum diameter of 57 mm (2 1/4 inches);

    • (d) be free from insect larvae; and

    • (e) be free from any damage or defect or combination thereof that would cause a loss of more than five per cent by weight of an apple above that which would normally be lost in commercial preparation.

    • SOR/79-144, s. 10;
    • SOR/80-204, s. 7(F);
    • SOR/82-1048, s. 7;
    • SOR/86-864, s. 15(F);
    • SOR/94-718, s. 9.

Canada No. 2 Peelers Grade Standards

  • 11. Subject to the general tolerances set out in subsections 15(2) and 16(2), apples graded Canada No. 2 Peelers shall

    • (a) be of one variety;

    • (b) be reasonably clean, mature and sound;

    • (c) have a minimum diameter of 57 mm (2 1/4 inches);

    • (d) be free from insect larvae; and

    • (e) be free from any damage or defect or combination thereof that would cause a loss of more than 20 per cent by weight of an apple above that which would normally be lost in commercial preparation.

    • SOR/94-718, s. 9.

Colour Requirements for Apples

  • 12. Apples graded Canada Extra Fancy, Canada Fancy and Canada Commercial shall

    • (a) in the case of solid red or fully striped varieties or partially red or partially striped varieties, be of a red or red striped colour on a proportion of their surface area that is at least equal to the percentage set out in the table to this section;

    • (b) in the case of red cheeked or blush varieties, have the minimum shade of colour described in the table to this section; and

    • (c) in the case of green, yellow or russet varieties, have the colour described in the table to this section.

      TABLE

      COLOUR REQUIREMENTS FOR APPLE VARIETIES

      ItemColumn IColumn IIColumn IIIColumn IV
      Colour CategoryCanada Extra Fancy GradeCanada Fancy GradeCanada Commercial Grade
      1.Solid red or fully striped varieties65%40%15%
      2.Partially red or partially striped varieties55%30%15%
      3.Red cheeked or blush varietiesPerceptibly blush-cheekedTinge of colour
      4.Green, yellow or russet varietiesColour char-acteristic of variety when matureColour char-acteristic of variety when mature
    •  SOR/94-718, s. 9.
  • 13. The colour intensity, measured with a colorimeter, in varieties of apples for Canada Extra Fancy, Canada Fancy and Canada Commercial grades shall be as set out in the table to this section.

    TABLE

    COLOUR READING FOR MAJOR APPLE VARIETIES

    ItemColumn IColumn IIColumn IIIColumn IV
    VarietyCanada Extra Fancy GradeCanada Fancy GradeCanada Commercial Grade
    1.Delicious442
    2.Idared442
    3.McIntosh442
    4.Red Delicious662
    5.Red Rome773
    6.Spartan663
    7.Winesap662
    • SOR/88-369, s. 18;
    • SOR/88-428, ss. 18, 26;
    • SOR/90-243, s. 12;
    • SOR/94-718, s. 9.

Tolerances for Skin Punctures

  • 14. The tolerances for skin punctures in varieties of apples for Canada Extra Fancy, Canada Fancy and Canada Commercial grades are as set out in the table to this section.

    TABLE

    TOLERANACES FOR SKIN PUNCTURES

    ItemColumn IColumn IIColumn IIIColumn IV
    GradeType of Container or DisplaySkin Punctures in Semi-Hard VarietiesSkin Punctures in Hard Varieties
    1.Canada Extra Fancy(1) Trays or cells(a) individually measure not more than 5 mm (3/16 inch) in diameter;(free from)
    (b) not more than one per apple;
    (c) affect not more than 10 per cent by count of the apples in a lot
    (2) Other than trays or cells; retail bulk displays(a) individually measure not more than 5 mm (3/16 inch) in diameter;(a) individually measure not more than 5 mm (3/16 inch) in diameter;
    (b) not more than one per apple;(b) not more than one per apple;
    (c) affect not more than 15 per cent by count of the apples in a lot(c) affect not more than 10 per cent by count of the apples in a lot
    2.Canada Fancy(1) Trays or cells(a) individually measure not more than 5 mm (3/16 inch) in diameter;(free from)
    (b) not more than one per apple;
    (c) affect not more than 15 per cent by count of the apples in a lot
    (2) Other than trays or cells; retail bulk displays(a) individually measure not more than 5 mm (3/16 inch) in diameter;(a) individually measure not more than 5 mm (3/16 inch) in diameter;
    (b) not more than one per apple;(b) not more than one per apple;
    (c) affect not more than 20 per cent by count of the apples in a lot(c) affect not more than 15 per cent by count of the apples in a lot
    3.Canada Commercial(1) Trays or cells(a) individually measure not more than 5 mm (3/16 inch) in diameter;(a) individually measure not more than 5 mm (3/16 inch) in diameter;
    (b) not more than two per apple;(b) not more than two per apple;
    (c) affect not more than 20 per cent by count of the apples in a lot(c) affect not more than 10 per cent by count of the apples in a lot
    (2) Other than trays or cells; retail bulk displays(a) individually measure not more than 5 mm (3/16 inch) in diameter;(a) individually measure not more than 5 mm (3/16 inch) in diameter;
    (b) not more than two per apple;(b) not more than two per apple;
    (c) affect not more than 30 per cent by count of the apples in a lot(c) affect not more than 20 per cent by count of the apples in a lot
    • SOR/81-186, s. 10;
    • SOR/88-369, s. 19;
    • SOR/88-428, ss. 19, 26;
    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

    • 15. (1) In the grading of apples into Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed and Canada Commercial Cookers grades, the standards set out in sections 4 to 9, 12 and 14, as applicable, are considered to be met in the case of a lot of apples inspected at the time of shipping or repacking if up to

      • (a) 5% by count of the apples in the lot have a diameter that is less than 60 mm, or less than the minimum diameter set out in subparagraphs 4(1)(c)(iv) to (ix), corresponding to the applicable size range;

      • (b) 5% by count of the apples in the lot have a diameter that is greater than the maximum diameter, if any, set out in paragraph 4(1)(c), corresponding to the applicable size range;

      • (c) in the case of a lot of tiered apples, 10 per cent of the containers contain more than 10 per cent by count of apples that exceed the maximum diameter variation set out in paragraph 4(1)(b);

      • (d) in the case of apples graded Canada Extra Fancy, five per cent by count of the apples in the lot are fairly well formed; and

      • (e) 10 per cent by count of the apples in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay.

    • (2) In the grading of apples into Canada No. 1 Peelers and Canada No. 2 Peelers grades, the standards set out in sections 10 and 11, as applicable, are considered to be met where, in a lot of peeler apples inspected at the time of shipping or repacking, up to

      • (a) five per cent by count or by weight of the apples in the lot are affected by bitter-pit;

      • (b) in the case of apples graded Canada No. 1 Peelers, seven per cent by count or by weight of the apples in the lot are affected by defects other than bitter-pit; and

      • (c) in the case of apples graded Canada No. 2 Peelers, 10 per cent by count or by weight of the apples in the lot are affected by defects other than bitter-pit.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 12.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

    • 16. (1) In the grading of apples into Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed and Canada Commercial Cookers grades, the standards set out in sections 4 to 9, 12 and 14, as applicable, are considered to be met in the case of a lot of apples inspected at a time other than the time of shipping or repacking if up to

      • (a) 5% by count of the apples in the lot have a diameter that is less than 60 mm, or less than the minimum diameter set out in subparagraphs 4(1)(c)(iv) to (ix), corresponding to the applicable size range;

      • (b) 5% by count of the apples in the lot have a diameter that is greater than the maximum diameter, if any, set out in paragraph 4(1)(c), corresponding to the applicable size range;

      • (c) in the case of a lot of tiered apples, 10 per cent of the containers contain more than 10 per cent by count of apples that exceed the maximum diameter variation set out in paragraph 4(1)(b);

      • (d) in the case of apples graded Canada Extra Fancy, five per cent by count of the apples in the lot are fairly well formed; and

      • (e) 15% by count of the apples in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than

        • (i) 10% that are affected by other permanent defects, including not more than 5% that have the same permanent defect,

        • (ii) 10% that have the same condition defect other than decay, and

        • (iii) 4% that are affected by decay.

      • (f[Repealed, SOR/2003-6, s. 13]

    • (2) In the grading of apples into Canada No. 1 Peelers and Canada No. 2 Peelers grades, the standards set out in sections 10 and 11, as applicable, are considered to be met where, in a lot of peeler apples inspected at a time other than at the time of shipping or repacking, up to

      • (a) 10% by count or by weight of the apples in the lot are affected by bitter-pit;

      • (b) in the case of apples graded Canada No. 1 Peelers, 12% by count or by weight of the apples in the lot are affected by defects other than bitter-pit, including not more than

        • (i) 7% that are affected by permanent defects, and

        • (ii) 4% that are affected by decay; and

      • (c) in the case of apples graded Canada No. 2 Peelers, 15% by count or by weight of the apples in the lot are affected by defects other than bitter-pit, including not more than

        • (i) 10% that are affected by permanent defects, and

        • (ii) 4% that are affected by decay.

      • (d[Repealed, SOR/2003-6, s. 13]

    • SOR/86-864, s. 17;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 13.

Grades and Standards for Apricots

Application

  • 17. The grades and standards set out in sections 18 to 22 apply to apricots of varieties grown from Prunus armeniaca.

    • SOR/86-864, s. 18;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 18. The grades and grade names for apricots are Canada No. 1, Canada Domestic and Canada Hailed.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 19. In addition to the standards for each grade and subject to the general tolerances set out in section 23, apricots of all grades shall

    • (a) be properly packed;

    • (b) be hand picked, of one variety and fairly well formed;

    • (c) be sound;

    • (d) be free from bruises that affect an aggregate area per apricot exceeding 13 mm (1/2 inch) in diameter;

    • (e) be free from skin breaks or tears at the stem where

      • (i) more than the outer layer is affected, or

      • (ii) the damage extends outside of the stem bowl;

    • (f) be free from skin checks that are not well healed;

    • (g) be free from insect damage that exceeds 3 mm (1/8 inch) in depth or affects an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

    • (h) be free from insects and insect larvae;

    • (i) be free from skin punctures; and

    • (j) be free from a combination of two or more defects referred to in paragraphs (d) to (g) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 20. (1) In this section, “of good size”, with respect to apricots in a lot, means that not less than 90 per cent by count of the apricots are of a size characteristic of the variety when mature and variation in size is not sufficient to materially affect the general appearance of the lot.

    • (2) In addition to meeting the standards for all grades set out in section 19, apricots graded Canada No. 1 shall

      • (a) be clean;

      • (b) be uniformly mature;

      • (c) be of good size;

      • (d) be free from hail damage that

        • (i) has broken the skin or noticeably depressed the affected areas, or

        • (ii) affects an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (e) be free from skin checks that exceed 3 mm (1/8 inch) in depth or affect an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (f) be free from ink spot, leaf mark, limb rub, physiological spot, other skin discolouration, scab or sprayburn that affects an aggregate area per apricot exceeding 13 mm (1/2 inch) in diameter;

      • (g) be free from russeting that is rough or dark in colour;

      • (h) be free from mildew;

      • (i) be free from coryneum blight that affects an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (j) be free from insect damage that is not thoroughly dry;

      • (k) be free from a combination of two or more defects referred to in paragraphs (d) to (j) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (l) be free from any other damage or defect or combination thereof that affects the appearance, edibility or shipping quality of the apricots.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 21. (1) In this section, “of fair size”, with respect to apricots in a lot, means that not less than 65 per cent by count of the apricots are of a size characteristic of the variety when mature and variation in size is not sufficient to seriously affect the general appearance of the lot.

    • (2) In addition to meeting the standards for all grades set out in section 19, apricots graded Canada Domestic shall

      • (a) be fairly clean;

      • (b) be mature;

      • (c) be of fair size;

      • (d) be free from hail damage that

        • (i) has broken the skin or noticeably depressed the affected areas, or

        • (ii) affects an aggregate area per apricot exceeding 19 mm (3/4 inch) in diameter;

      • (e) be free from skin checks that affect an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (f) be free from ink spot, leaf mark, limb rub, physiological spot, other skin discolouration, scab or sprayburn that affects an aggregate area per apricot exceeding 19 mm (3/4 inch) in diameter;

      • (g) be free from coryneum blight that affects an aggregate area per apricot exceeding 6 mm (1/4 inch) in diameter;

      • (h) be free from a combination of two or more defects referred to in paragraphs (d) to (g) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (i) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the apricots.

    • SOR/82-1048, s. 8;
    • SOR/94-718, s. 9.

Canada Hailed Grade Standards

    • 22. (1) [Repealed, SOR/2002-354, s. 6]

    • (2) In addition to meeting the standards for all grades set out in section 19, apricots graded Canada Hailed shall

      • (a) meet the standards of Canada Domestic grade except those set out in paragraph 21(2)(d);

      • (b) be free from hail marks exceeding 10 mm (3/8 inch) in diameter or 3 mm (1/8 inch) in depth; and

      • (c) be free from hail damage that

        • (i) has broken the skin and is not well healed, or

        • (ii) has broken the skin and is well healed but affects an aggregate area per apricot exceeding 25 mm (1 inch) in diameter.

    • SOR/94-718, s. 9;
    • SOR/2002-354, s. 6.

General Tolerances

    • 23. (1) In the grading of apricots, the standards set out in sections 20 to 22, as applicable, are considered to be met where up to 10 per cent by count of the apricots in a lot have defects, including

      • (a) in the case of a lot of apricots inspected at the time of shipping or repacking, not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay; and

      • (b) in the case of a lot of apricots inspected at a time other than at the time of shipping or repacking, not more than five per cent that have the same permanent defect.

    • (2) Condition defects shall apply against the grade of a lot of apricots only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Blueberries

Application

  • 24. The grade and the standards set out in sections 25 and 26 apply to blueberries of varieties grown from Vaccinium angustifolium, Vaccinium corymbosium or Vaccinium myrtilloides.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grade and Grade Name

  • 25. The grade and grade name for blueberries is Canada No. 1.

    • SOR/79-144, s. 11(F);
    • SOR/81-186, s. 12(F);
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards

    • 26. (1) In this section,

      “fairly uniform in size”

      “fairly uniform in size” means that the blueberries in any one container do not vary sufficiently in size to materially affect their general appearance; (d’une grosseur passablement uniforme)

      “well coloured”

      “well coloured” means that not less than 90 per cent of the blueberries in a lot, by weight, are of the colour characteristic of mature blueberries. (bien colorés)

    • (2) Subject to the general tolerances set out in section 27, blueberries graded Canada No. 1 shall

      • (a) be properly packed;

      • (b) be well coloured, well formed and fairly uniform in size;

      • (c) be dry and sound;

      • (d) be free from green berries, leaves, stems, dirt or other foreign material;

      • (e) be apparently free from insects, insect larvae or disease; and

      • (f) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the blueberries.

    • SOR/94-718, s. 9.

General Tolerances

    • 27. (1) In the grading of blueberries, the standards set out in section 26 are considered to be met where up to three per cent by weight of the blueberries in a lot have defects, including

      • (a) in the case of a lot of blueberries inspected at the time of shipping or repacking, not more than

        • (i) one per cent that are affected by decay, and

        • (ii) one per cent of the weight of the blueberries that is attributable to foreign material; and

      • (b) in the case of a lot of blueberries inspected at a time other than at the time of shipping or repacking, not more than one per cent of the weight of the blueberries that is attributable to foreign material.

    • (2) Condition defects shall apply against the grade of a lot of blueberries only when the lot is inspected at the time of shipping or repacking.

    • SOR/82-1048, s. 9;
    • SOR/94-718, s. 9.

Grades and Standards for Cantaloups

Application

  • 28. The grade and the standards set out in sections 29 and 30 apply to cantaloups of varieties grown from Cucumis melo var. cantalupensis.

    • SOR/82-1048, s. 10;
    • SOR/94-718, s. 9.

Grade and Grade Name

  • 29. The grade and grade name for cantaloups is Canada No. 1.

    • SOR/94-718, s. 9.

Standards

  • 30. Subject to the general tolerances set out in section 31, cantaloups graded Canada No. 1 shall

    • (a) be properly packed;

    • (b) be of one variety, well formed and well netted for the variety;

    • (c) be fairly clean, mature and sound;

    • (d) where packed in a container, not vary in diameter by more than 38 mm (1 1/2 inches);

    • (e) be free from insects, insect larvae, insect damage and disease;

    • (f) be free from cracks, hail marks, moisture damage and sunscald; and

    • (g) be free from any other damage or defect or combination thereof that affects the appearance, edibility or shipping quality of the cantaloups.

    • SOR/94-718, s. 9.

General Tolerances

    • 31. (1) In the grading of cantaloups, the standards set out in section 30 are considered to be met where

      • (a) up to 10 per cent by count of the cantaloups in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the cantaloups in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to 10 per cent of the containers in the lot contain cantaloups that exceed the maximum diameter variation set out in paragraph 30(d).

    • (2) Condition defects shall apply against the grade of a lot of cantaloups only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Cherries

Application

  • 32. The grades and standards set out in sections 33 to 37 apply to cherries of varieties grown from Prunus avium or Prunus cerasus and their hybrids.

    • SOR/88-428, s. 26(E);
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 33. The grades and grade names for cherries are Canada No. 1, Canada Domestic and Canada Orchard Run.

    • SOR/94-718, s. 9.

Standards for All Grades

    • 34. (1) In this section, “soft” means the skin of the cherry is flaccid and the flesh of the cherry is flabby to the touch and yields readily to a slight pressure.

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in section 38, cherries of all grades shall

      • (a) be properly packed;

      • (b) be hand picked and of one variety;

      • (c) be sound;

      • (d) be mature but not soft;

      • (e) be free from bruises other than those incidental to good commercial handling and packing;

      • (f) be free from insects, insect larvae, insect damage and disease; and

      • (g) be free from dried cherries, gum, leaves and twigs.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 35. (1) In this section,

      “of fair size”

      “of fair size”, with respect to cherries in a lot, means that not less than 65 per cent by weight or by count of the cherries are of a size characteristic of the variety when mature and variation in size is not sufficient to seriously affect the general appearance of the lot; (d’une grosseur passable)

      “of good colour”

      “of good colour” means that the cherries are of a colour characteristic of the variety when mature. (d’une bonne couleur)

    • (2) In addition to meeting the standards for all grades set out in section 34, cherries graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be of good colour and of fair size;

      • (c) have, in the case of cherries of Elkhorn and Lambert varieties, not more than 15 per cent of the cherries, by weight or by count, without stems and, in the case of cherries of all other varieties, not more than 10 per cent of the cherries without stems;

      • (d) be free from skin breaks, but may have superficial, well-healed stem-end cracks within the stem cavity that do not exceed 2 mm (1/16 inch) in width and do not extend in length to more than one-half of the circumference of the stem cavity;

      • (e) be free from hail marks;

      • (f) be free from a combination of defects referred to in paragraphs (d) and 34(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the maximum area tolerance set out in paragraph (d); and

      • (g) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cherries.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 36. (1) In this section, “of fair colour”, with respect to cherries in a lot, means that not less than 75 per cent by weight or by count of the cherries are of a colour characteristic of the variety when mature and the balance of the cherries are not of a colour characteristic of immature cherries.

    • (2) In addition to meeting the standards for all grades set out in section 34, cherries graded Canada Domestic shall

      • (a) be reasonably clean;

      • (b) be of fair colour;

      • (c) be free from skin breaks, but may have

        • (i) superficial, well-healed stem-end cracks within the stem cavity that do not exceed 3 mm (1/8 inch) in width and do not extend in length to more than one-half of the circumference of the stem cavity, or

        • (ii) well-healed cracks outside of the stem cavity that affect an aggregate area per cherry not exceeding 3 mm (1/8 inch) in diameter;

      • (d) be free from hail marks exceeding 25 per cent of the surface area;

      • (e) be free from a combination of two or more defects referred to in paragraphs (c) and (d) and 34(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (f) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the cherries.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada Orchard Run Grade Standards

  • 37. In addition to meeting the standards for all grades set out in section 34, cherries graded Canada Orchard Run shall

    • (a) meet the standards of Canada Domestic grade except those set out in subparagraph 36(2)(c)(i); and

    • (b) be free from dry circular or horseshoe stem-end cracks extending beyond the stem cavity.

    • SOR/94-718, s. 9.

General Tolerances

    • 38. (1) In the grading of cherries, the standards set out in sections 35 to 37, as applicable, are considered to be met where up to 10 per cent by weight or by count of the cherries in a lot have defects, including

      • (a) in the case of a lot of cherries inspected at the time of shipping or repacking, not more than

        • (i) one per cent that are affected by decay or brown rot, and

        • (ii) five per cent that have the same defect other than decay or brown rot; and

      • (b) in the case of a lot of cherries inspected at a time other than at the time of shipping or repacking, not more than five per cent that have the same permanent defect.

    • (2) Condition defects shall apply against the grade of a lot of cherries only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Crabapples

Application

  • 39. The grades and standards set out in sections 40 to 43 apply to crabapples of varieties grown from Pyrus baccata.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 40. The grades and grade names for crabapples are Canada No. 1 and Canada Domestic.

    • SOR/82-1048, s. 11;
    • SOR/86-782, s. 3;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 41. In addition to the standards for each grade and subject to the general tolerances set out in section 44, crabapples of all grades shall

    • (a) be properly packed;

    • (b) be hand picked and of one variety;

    • (c) be mature and sound; and

    • (d) be free from watercore

      • (i) existing around the core and extending to the circular area formed by the vascular bundles,

      • (ii) surrounding the vascular bundles, where the affected areas surrounding two or more adjacent vascular bundles meet or coalesce, or

      • (iii) existing to more than a slight degree outside the circular area formed by the vascular bundles.

    • SOR/82-1048, s. 12;
    • SOR/86-782, s. 4;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 42. In addition to meeting the standards for all grades set out in section 41, crabapples graded Canada No. 1 shall

    • (a) be fairly clean;

    • (b) have, in the case of crabapples of the Hyslop variety,

      • (i) a minimum of 75 per cent by count of the crabapples in a lot with at least 35 per cent of the surface area of each crabapple of a red colour, and

      • (ii) the balance of the crabapples in the lot with at least 10 per cent of the surface area of each crabapple of a red colour;

    • (c) have a minimum diameter of 32 mm (1 1/4 inches);

    • (d) be free from bruises that affect an aggregate area per crabapple exceeding 13 mm (1/2 inch) in diameter;

    • (e) be free from hail damage that

      • (i) has noticeably depressed or discoloured the affected areas, or

      • (ii) is of a russet character and affects an aggregate area per crabapple exceeding 6 mm (1/4 inch) in diameter;

    • (f) be free from either limb rub or leaf mark that affects an aggregate area per crabapple exceeding 6 mm (1/4 inch) in diameter;

    • (g) be free from russeting that affects more than 10 per cent of the surface area of a crabapple;

    • (h) be free from sprayburn or sunscald that has caused blistering of the skin or noticeable discolouration;

    • (i) be free from

      • (i) two or more insect punctures or stings per crabapple, or

      • (ii) any insect punctures or stings that exceed 3 mm (1/8 inch) in diameter, inclusive of any encircling discoloured ring;

    • (j) be free from leaf roller damage that

      • (i) has deformed a crabapple, or

      • (ii) affects an aggregate area per crabapple exceeding 6 mm (1/4 inch) in diameter;

    • (k) be free from insects and insect larvae;

    • (l) be free from a combination of two or more defects referred to in paragraphs (d) to (j) and 41(d) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

    • (m) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the crabapples.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

  • 43. In addition to meeting the standards for all grades set out in section 41, crabapples graded Canada Domestic shall

    • (a) be reasonably clean;

    • (b) have a minimum diameter of 25 mm (1 inch); and

    • (c) be free from any damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the crabapples.

    • SOR/94-718, s. 9.

General Tolerances

    • 44. (1) In the grading of crabapples, the standards set out in sections 42 and 43, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the crabapples in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the crabapples in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to five per cent by count of the crabapples in the lot have less than the minimum diameter set out in paragraph 42(c) or 43(b).

    • (2) Condition defects shall apply against the grade of a lot of crabapples only when the lot is inspected at the time of shipping or repacking.

    • SOR/79-144, s. 12;
    • SOR/82-1048, s. 13;
    • SOR/88-369, s. 20;
    • SOR/88-428, s. 20;
    • SOR/94-718, s. 9.

Grades and Standards for Cranberries

Application

  • 45. The grades and standards set out in sections 46 to 49 apply to cranberries of varieties grown from Vaccinium macrocarpum or Vaccinium oxycoccos.

    • SOR/86-864, s. 19;
    • SOR/88-369, s. 21;
    • SOR/88-428, ss. 21, 26(F);
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 46. The grades and grade names for cranberries are Canada No. 1 and Canada Domestic.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 47. In addition to the standards for each grade and subject to the general tolerances set out in section 50, cranberries of all grades shall

    • (a) be properly packed;

    • (b) be sound;

    • (c) have 65 per cent of the surface area of each cranberry of a red colour; and

    • (d) be free from insects and insect larvae.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 48. (1) In this section, “fairly uniform in size” means that the cranberries in any one container do not vary sufficiently in size to materially affect their general appearance.

    • (2) In addition to meeting the standards for all grades set out in section 47, cranberries graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be fairly uniform in size; and

      • (c) be free from any damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cranberries.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

  • 49. In addition to meeting the standards for all grades set out in section 47, cranberries graded Canada Domestic shall

    • (a) be reasonably clean; and

    • (b) be free from any damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the cranberries.

    • SOR/79-144, s. 13;
    • SOR/81-186, s. 14;
    • SOR/83-703, s. 5(F);
    • SOR/86-864, s. 20;
    • SOR/92-618, s. 25;
    • SOR/94-718, s. 9.

General Tolerances

    • 50. (1) In the grading of cranberries, the standards set out in sections 48 and 49, as applicable, are considered to be met where up to 15 per cent by weight of the cranberries in a lot have defects, including

      • (a) in the case of a lot of cranberries inspected at the time of shipping or repacking, not more than

        • (i) five per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay; and

      • (b) in the case of a lot of cranberries inspected at a time other than at the time of shipping or repacking, not more than five per cent that have the same permanent defect.

    • (2) Condition defects shall apply against the grade of a lot of cranberries only when the lot is inspected at the time of shipping or repacking.

    • SOR/79-144, s. 14;
    • SOR/81-186, s. 15(E);
    • SOR/86-864, s. 21;
    • SOR/94-718, s. 9.

Grades and Standards for Grapes

Application

  • 51. The grades and standards set out in sections 52 to 55 apply to grapes of varieties grown from Vitis vinifera or Vitis labrusca and their hybrids.

    • SOR/79-144, s. 15;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 52. The grades and grade names for grapes are Canada No. 1 and Canada Domestic.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 53. In addition to the standards for each grade and subject to the general tolerances set out in section 56, grapes of all grades shall

    • (a) be properly packed;

    • (b) be sound and free from dried berries;

    • (c) be free from hail marks; and

    • (d) be free from insects and insect larvae.

    • SOR/94-718, s. 9;
    • SOR/95-475, s. 2.

Canada No. 1 Grade Standards

    • 54. (1) In this section,

      “fairly compact”

      “fairly compact” means that the bunches are well filled but the berries are not closely spaced; (passablement serrés)

      “of good colour”

      “of good colour” means that not less than 90 per cent by count of the berries on a bunch are of the colour characteristic of the variety when mature; (d’une bonne couleur)

      “of good size”

      “of good size”, with respect to grapes in a lot, means that not less than 90 per cent by count of the berries on a bunch and not less than 90 per cent by weight of the bunches are of a size characteristic of the variety when mature and variation in size is not sufficient to materially affect the general appearance of the lot. (d’une bonne grosseur)

    • (2) In addition to meeting the standards for all grades set out in section 53, grapes graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be free from crushed, split or shattered berries;

      • (c) be of one variety, of good colour and of good size;

      • (d) have 90 per cent by weight of the bunches in a lot of a fairly compact nature for the variety;

      • (e) be free from insect damage;

      • (f) be free from disease, mould and mildew; and

      • (g) be free from any other damage or defect or combination thereof that materially affects their appearance, edibility or shipping quality.

    • (3) Notwithstanding paragraph (2)(c), grapes of different varieties and colours packed in approximately equal proportions and labelled “mixed varieties”, that in all other respects meet the standards of Canada No. 1 grade, may be designated Canada No. 1.

    • SOR/86-864, s. 26(E);
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 55. (1) In this section,

      “fairly compact”

      “fairly compact” has the same meaning as in subsection 54(1); (passablement serrés)

      “of fair colour”

      “of fair colour” means that not less than 75 per cent by count of the berries on a bunch are of the colour characteristic of the variety when mature; (d’une couleur passable)

      “of fair size”

      “of fair size”, with respect to grapes in a lot, means that not less than 65 per cent by count of the berries on a bunch and not less than 65 per cent by weight of the bunches are of a size characteristic of the variety when mature and variation in size is not sufficient to seriously affect the general appearance of the lot. (d’une grosseur passable)

    • (2) In addition to meeting the standards for all grades set out in section 53, grapes graded Canada Domestic shall

      • (a) be reasonably clean;

      • (b) be of fair colour, of fair size and have similar varietal characteristics; and

      • (c) have 60 per cent by weight of the bunches in a lot of a fairly compact nature for the variety.

    • SOR/94-718, s. 9.

General Tolerances

    • 56. (1) In the grading of grapes, the standards set out in sections 54 and 55, as applicable, are considered to be met where up to 10 per cent of the grapes by weight in a lot have defects, including

      • (a) in the case of a lot of grapes inspected at the time of shipping or repacking, not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay; and

      • (b) in the case of a lot of grapes inspected at a time other than at the time of shipping or repacking, not more than five per cent that have the same permanent defect.

    • (2) Condition defects shall apply against the grade of a lot of grapes only when the lot is inspected at the time of shipping or repacking.

    • SOR/88-369, s. 22;
    • SOR/88-428, s. 22;
    • SOR/94-718, s. 9.

Grades and Standards for Peaches

Application

  • 57. The grades and standards set out in sections 58 to 61 apply to peaches of varieties grown from Prunus persica.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 58. The grades and grade names for peaches are Canada No. 1 and Canada Domestic.

    • SOR/81-186, s. 16;
    • SOR/82-1048, s. 14;
    • SOR/94-718, s. 9.

Standards for All Grades

    • 59. (1) In this section, “mature” means the peaches are well developed and have attained sufficient yellow in the ground colour to indicate they will continue to ripen and, in the case of peaches grown in Ontario, also means the pressure test through the skin of the peaches does not exceed 8 kg (18 pounds) as indicated by a pressure tester with an 8 mm (5/16 inch) diameter plunger.

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in section 62, peaches of all grades shall

      • (a) be properly packed;

      • (b) be hand picked and of one variety;

      • (c) be uniformly mature and sound;

      • (d) have a minimum diameter

        • (i) in the case of peaches sold prior to August 15 in any year, of 54 mm (2 1/8 inches), and

        • (ii) in the case of peaches sold on or after August 15 in any year, of 57 mm (2 1/4 inches);

      • (e) be free from bruises that individually exceed 13 mm (1/2 inch) in diameter; and

      • (f) be free from insects and insect larvae.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 60. (1) In this section, “sized” means the peaches in a container do not vary in diameter by more than 6 mm (1/4 inch).

    • (2) In addition to meeting the standards for all grades set out in section 59, peaches graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be well formed and sized;

      • (c) be free from growth cracks and split pits;

      • (d) be free from hail marks;

      • (e) be free from skin punctures or breaks;

      • (f) be free from bruises that affect an aggregate area per peach exceeding 19 mm (3/4 inch) in diameter;

      • (g) be free from marks that are caused by limb rub and that

        • (i) exceed three per peach, or

        • (ii) affect an aggregate area per peach exceeding 13 mm (1/2 inch) in diameter;

      • (h) be free from russeting that is

        • (i) rough,

        • (ii) dark in colour and affects an aggregate area per peach exceeding 13 mm (1/2 inch) in diameter, or

        • (iii) fine, light in colour and affects more than 15 per cent of the surface area of a peach;

      • (i) be free from plant bug damage that

        • (i) is sunken or pitted,

        • (ii) has deformed a peach, or

        • (iii) affects an aggregate area per peach exceeding 13 mm (1/2 inch) in diameter;

      • (j) be free from insect damage other than plant bug damage and be free from disease;

      • (k) be free from gum;

      • (l) be free from sunscald;

      • (m) be free from a combination of two or more defects referred to in paragraphs (f) to (i) and 59(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (n) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the peaches.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 61. (1) In this section, “sized” has the same meaning as in section 60.

    • (2) In addition to meeting the standards for all grades set out in section 59, peaches graded Canada Domestic shall

      • (a) be reasonably clean;

      • (b) be fairly well formed and, where packed in a peach box or cell pack, sized;

      • (c) be free from bruises that affect an aggregate area per peach exceeding 25 mm (1 inch) in diameter;

      • (d) be free from skin punctures or breaks of any kind, including growth cracks or suture cracks other than suture cracks in the J.H. Hale variety in which well-healed suture cracks not exceeding 13 mm (1/2 inch) in length are allowed;

      • (e) be free from hail damage that

        • (i) is not well healed,

        • (ii) has broken the skin and exceeds 5 mm (3/16 inch) in diameter or 2 mm (1/16 inch) in depth,

        • (iii) has broken the skin, causing marks that exceed three per peach,

        • (iv) affects more than 10 per cent of surface area of a peach, or

        • (v) has noticeably depressed the affected areas;

      • (f) be free from split pits exceeding 3 mm (1/8 inch) in width;

      • (g) be free from ink spot, mildew, oak bug damage, plant bug damage, limb rub, russeting or scab that affects more than five per cent of the surface area of a peach;

      • (h) be free from a combination of two or more defects referred to in paragraphs (c) to (g) and 59(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (i) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the peaches.

    • SOR/81-186, s. 17(E);
    • SOR/94-718, s. 9.

General Tolerances

    • 62. (1) In the grading of peaches, the standards set out in sections 60 and 61, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the peaches in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the peaches in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the peaches in the lot have less than the minimum diameter set out in paragraph 59(2)(d), and

        • (ii) 10 per cent of the containers in the lot contain more than 10 per cent by count of peaches that exceed the maximum diameter variation set out in subsection 60(1).

    • (2) Condition defects shall apply against the grade of a lot of peaches only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Pears

Application

  • 63. The grades and standards set out in sections 64 to 68 apply to pears of varieties grown from Pyrus communis.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 64. The grades and grade names for pears are Canada Extra Fancy, Canada Fancy and Canada Commercial.

    • SOR/94-718, s. 9.

Standards for All Grades

    • 65. (1) In this section, “sized”, with respect to tiered pears, means that the pears, are packed by count and do not vary in diameter by more than 6 mm (1/4 inch).

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in sections 70 and 71, pears of all grades shall

      • (a) be properly packed;

      • (b) be hand picked, of one variety and sized;

      • (c) be mature and sound;

      • (d) conform to the minimum diameter requirements set out in section 69;

      • (e) be free from bruises that have caused brown discolouration under the skin;

      • (f) be free from insects and insect larvae; and

      • (g) be free from storage scald and black end.

    • SOR/82-1048, s. 15(E);
    • SOR/94-718, s. 9.

Canada Extra Fancy Grade Standards

    • 66. (1) In addition to meeting the standards for all grades set out in section 65, pears graded Canada Extra Fancy shall

      • (a) be clean, smooth and well formed;

      • (b) be free from bruises that affect an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter;

      • (c) be free from skin punctures

        • (i) in the case of pears of any variety other than Anjou, or

        • (ii) in the case of pears of the Anjou variety, that

          • (A) exceed one per pear,

          • (B) individually measure more than 5 mm (3/16 inch) in diameter, or

          • (C) affect more than 10 per cent by count of the pears in a lot;

      • (d) be free from hail damage that

        • (i) has broken the skin,

        • (ii) has caused discolouration,

        • (iii) has caused an individual mark exceeding 3 mm (1/8 inch) in diameter, or

        • (iv) affects an aggregate area per pear exceeding 6 mm (1/4 inch) in diameter;

      • (e) be free from limb rub or leaf mark that is

        • (i) soft, rough or dark in colour, or

        • (ii) light brown in colour or of a smooth russet character and affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter;

      • (f) be free from russeting that is

        • (i) rough, or

        • (ii) smooth but not characteristic of the variety and affects an aggregate area per pear exceeding 38 mm (1 1/2 inches) in diameter;

      • (g) be free from insect damage of any of the following types:

        • (i) pear psylla residue that

          • (A) affects the appearance of a pear, or

          • (B) affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter, and

        • (ii) scale and scale spots that

          • (A) exceed two per pear, or

          • (B) affect more than five per cent by count of the pears in a lot;

      • (h) be free from disease;

      • (i) be free from drought spot, sprayburn and sunscald;

      • (j) be free from a combination of two or more defects referred to in paragraphs (b) to (g) and 65(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (k) be free from any other damage or defect or combination thereof that affects the appearance, edibility or shipping quality of the pears.

    • (2) Notwithstanding paragraph 65(2)(b), pears of different varieties packed in approximately equal proportions in containers not exceeding a capacity of 10 kg and labelled with the words “Gift Pack”, “Combination Pack” or “Variety Pack”, that in all other respects meet the standards for Canada Extra Fancy grade, may be designated as Canada Extra Fancy.

    • SOR/94-718, s. 9.

Canada Fancy Grade Standards

    • 67. (1) In addition to meeting the standards for all grades set out in section 65, pears graded Canada Fancy shall

      • (a) be fairly clean, smooth and fairly well formed;

      • (b) be free from bruises that affect an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter;

      • (c) be free from skin punctures

        • (i) in the case of pears of any variety other than Anjou, or

        • (ii) in the case of pears of the Anjou variety, that

          • (A) exceed one per pear,

          • (B) individually measure more than 5 mm (3/16 inch) in diameter, or

          • (C) affect more than 15 per cent by count of the pears in a lot;

      • (d) be free from hail damage that

        • (i) has broken the skin,

        • (ii) affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter, or

        • (iii) has noticeably depressed the affected areas or materially affects the appearance of a pear;

      • (e) be free from limb rub or leaf mark that is

        • (i) soft, rough or dark in colour, or

        • (ii) light brown in colour or of a smooth russet character and affects an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter;

      • (f) be free from russeting that is

        • (i) rough, or

        • (ii) smooth but not characteristic of the variety and that affects more than 25 per cent of the surface area of a pear;

      • (g) be free from scab spots that affect an aggregate area per pear exceeding 3 mm (1/8 inch) in diameter;

      • (h) be free from drought spot;

      • (i) be free from sunscald or sprayburn that does not blend with the normal colour of a pear or that has caused blistering or cracking of the skin;

      • (j) be free from insect damage of any of the following types, namely,

        • (i) leaf roller damage that has deformed a pear or affects an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter,

        • (ii) three or more insect punctures or stings per pear or any insect punctures or stings that exceed 3 mm (1/8 inch) in depth or diameter, inclusive of any encircling discoloured ring,

        • (iii) pear psylla residue that affects more than five per cent of the surface area of a pear, or

        • (iv) scale and from scale spots that

          • (A) exceed two per pear, or

          • (B) affect more than five per cent by count of the pears in a lot;

      • (k) be free from stony pit that exceeds one spot per pear;

      • (l) be free from freckled pit that affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter;

      • (m) be free from a combination of two or more defects referred to in paragraphs (b) to (l) and 65(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (n) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the pears.

    • (2) Pears graded Canada Fancy may be alternatively designated “Canada No. 1”.

    • SOR/94-718, s. 9.

Canada Commercial Grade Standards

    • 68. (1) In addition to meeting the standards for all grades set out in section 65, pears graded Canada Commercial shall

      • (a) be reasonably clean;

      • (b) have no more than 15 per cent of their surface area of an abnormal shape or on which the abnormal shape causes a depression greater than 6 mm (1/4 inch);

      • (c) be free from bruises that affect an aggregate area per pear exceeding 25 mm (1 inch) in diameter;

      • (d) be free from skin punctures that

        • (i) in the case of pears of

          • (A) any variety other than Anjou, exceed one per pear, and

          • (B) the Anjou variety, exceed two per pear, or

        • (ii) individually measure more than 5 mm (3/16 inch) in diameter;

      • (e) be free from hail damage that has

        • (i) not broken the skin but affects an aggregate area per pear exceeding 19 mm (3/4 inch) in diameter,

        • (ii) broken the skin and is not well healed,

        • (iii) broken the skin and is well healed but affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter, or

        • (iv) noticeably depressed the affected areas or seriously affects the appearance of a pear;

      • (f) be free from limb rub or leaf mark

        • (i) where the affected area is seriously depressed, or

        • (ii) that affects an aggregate area per pear exceeding 25 mm (1 inch) in diameter;

      • (g) be free from rough russeting that affects an aggregate area per pear exceeding 25 mm (1 inch) in diameter;

      • (h) be free from scab spots that affect an aggregate area per pear exceeding 13 mm (1/2 inch);

      • (i) be free from drought spots that

        • (i) exceed three per pear, or

        • (ii) have noticeably depressed or discoloured the affected areas;

      • (j) be free from sunscald or sprayburn that

        • (i) is soft or has caused blistering or cracking of the skin, or

        • (ii) affects more than 15 per cent of the surface area of a pear and does not blend with the normal colour of the pear;

      • (k) be free from insect damage of any of the following types, namely,

        • (i) leaf roller damage that affects an aggregate area per pear exceeding 25 mm (1 inch) in diameter,

        • (ii) stings that are not well healed,

        • (iii) stings that are well healed but affect an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter, inclusive of any encircling discoloured ring,

        • (iv) pear psylla residue that affects more than 15 per cent of the surface area of a pear, or

        • (v) scale and scale spots that exceed 10 per pear;

      • (l) be free from stony pit that affects an aggregate area per pear exceeding 13 mm (1/2 inch) in diameter;

      • (m) be free from freckled pit that affects more than 15 per cent of the surface area of a pear or discolours a pear;

      • (n) be free from a combination of two or more defects referred to in paragraphs (b) to (m) and 65(2)(e) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (o) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the pears.

    • (2) Pears graded Canada Commercial may be alternatively designated “Canada Cee”, “Canada “C” or “Canada Domestic”.

    • SOR/94-718, s. 9.

Minimum Diameter

    • 69. (1) The minimum diameter for a variety of pears set out in column I of an item of the table to this section for pears graded Canada Extra Fancy or Canada Fancy is as set out in column II of that item.

    • (2) The minimum diameter for a variety of pears set out in column I of an item of the table to this section for pears graded Canada Commercial is as set out in column III of that item.

      TABLE

      MINIMUM DIAMETER SIZE REQUIREMENTS FOR VARIETIES AND GRADES OF PEARS

      ItemColumn IColumn IIColumn III
      VarietyCanada Extra Fancy Grade and Canada Fancy GradeCanada Commercial Grade
      1.Clapps Favourite, Delicious, Deveau, Howel57 mm (2 1/4 inches)51 mm (2 inches)
      2.Anjou, Flemish Beauty57 mm (2 1/4 inches)44 mm (1 3/4 inches)
      3.Bartlett, French Bartlett56 mm (2 3/16 inches)48 mm (1 7/8 inches)
      4.Bosc54 mm (2 1/8 inches)44 mm (1 3/4 inches)
      5.Kieffer54 mm (2 1/8 inches)41 mm (1 5/8 inches)
      6.Gifford51 mm (2 inches)38 mm (1 1/2 inches)
      7.Seckel32 mm (1 1/4 inches)25 mm (1 inch)
      8.All other varieties51 mm (2 inches)38 mm (1 1/2 inches)
    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 70. In the grading of pears, the standards set out in sections 65 to 69, as applicable, are considered to be met in the case of a lot of pears inspected at the time of shipping or repacking if up to

    • (a) five per cent by count of the pears in the lot have less than the minimum diameter as set out in the table to section 69;

    • (b) five per cent by count of the pears in the lot exceed the declared maximum diameter;

    • (c) in the case of a lot of tiered pears, 10 per cent of the containers contain more than 10 per cent by count of pears that exceed the maximum diameter variation set out in subsection 65(1); and

    • (d) 10 per cent by count of the pears in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than

      • (i) three per cent that are affected by decay, and

      • (ii) five per cent that have the same defect other than decay.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 14.

General Tolerances At a Time Other Than at the Time of Shipping or Repacking

  • 71. In the grading of pears, the standards set out in sections 65 to 69, as applicable, are considered to be met in the case of a lot of pears inspected at a time other than the time of shipping or repacking if up to

    • (a) five per cent by count of the pears in the lot have less than the minimum diameter as set out in the table to section 69;

    • (b) five per cent by count of the pears in the lot exceed the declared maximum diameter;

    • (c) in the case of a lot of tiered pears, 10 per cent of the containers contain more than 10 per cent by count of pears that exceed the maximum diameter variation set out in subsection 65(1); and

    • (d) 15% by count of the pears in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than

      • (i) 10% that are affected by other permanent defects, including not more than 5% that have the same permanent defect,

      • (ii) 10% that have the same condition defect other than decay, and

      • (iii) 5% that are affected by decay.

    • (e[Repealed, SOR/2003-6, s. 15]

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 15.

Grades and Standards for Plums and Prunes

Application

  • 72. The grades and standards set out in sections 73 to 76 apply to plums and prunes of varieties grown from Prunus domestica, Prunus insititia or Prunus salicina and their hybrids.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 73. The grades and grade names for plums and prunes are Canada No. 1 and Canada Domestic.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 74. In addition to the standards for each grade and subject to the general tolerances set out in section 77, plums and prunes of all grades shall

    • (a) be properly packed;

    • (b) be hand picked and of one variety;

    • (c) be well formed, mature and sound;

    • (d) be free from skin tears outside of the stem cavity;

    • (e) be free from insects and insect larvae; and

    • (f) be free from disease, purple spot and plum rot.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 75. (1) In this section,

      “Italian type”

      “Italian type”, with respect to prunes, means prunes that are “free-stone”; (du type italien)

      “of good colour”

      “of good colour”, with respect to plums and prunes, means that

      • (a) in the case of Italian type prunes, not less than 75 per cent of the surface area of a prune is of a colour characteristic of the variety when mature, and

      • (b) in the case of plums and other varieties of prunes, the fruit is of a colour characteristic of the variety when mature. (d’une bonne couleur)

    • (2) In addition to meeting the standards for all grades set out in section 74, plums and prunes graded Canada No. 1 shall

      • (a) be fairly clean;

      • (b) be of good colour;

      • (c) conform to the diameter size requirements set out in the table to this section;

      • (d) be free from bruises other than those incidental to good commercial handling and packing;

      • (e) be free from skin breaks outside of the stem cavity;

      • (f) be free from growth cracks

        • (i) in the case of plums of any variety other than Peach plums, and

        • (ii) in the case of Peach plums, that

          • (A) are not at the calyx end,

          • (B) expose the flesh, or

          • (C) exceed 6 mm (1/4 inch) in length;

      • (g) be free from russeting that affects more than 10 per cent of the surface area of a plum or prune;

      • (h) be free from drought spot and sunscald;

      • (i) be free from hail marks;

      • (j) be free from limb rub and leaf mark;

      • (k) be free from insect damage;

      • (l) be free from a combination of two or more defects referred to in paragraphs (d) to (k) and 74(d) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (m) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the plums or prunes.

        TABLE

        DIAMETER SIZE REQUIREMENTS FOR PLUM AND PRUNE VARIETIES

        ItemColumn IColumn II
        VarietyMinimum diameter
        1.Burbank, Ozark, Premier, Vanier41 mm (1 5/8 inches)
        2.Shiro38 mm (1 1/2 inches)
        3.Methley, President, Washington35 mm (1 3/8 inches)
        4.Bradshaw, Early Golden, all varieties commonly known as Early Blues32 mm (1 1/4 inches)
        5.Reine Claude, Stanley, Italian type prunes29 mm (1 1/8 inches)
        6.Green Gage, Lombard, German prunes25 mm (1 inch)
        7.Shropshire Damson19 mm (3/4 inch)
        8.All other varietiesCharacteristic of the variety when mature
    •  SOR/94-718, s. 9.

Canada Domestic Grade Standards

    • 76. (1) In this section,

      “Italian type”

      “Italian type” has the same meaning as in subsection 75(1); (du type italien)

      “of fair colour”

      “of fair colour”, with respect to plums and prunes, means that

      • (a) in the case of Italian type prunes, not less than 50 per cent of the surface area of a prune is of a colour characteristic of the variety when mature, and

      • (b) in the case of plums and other varieties of prunes, not less than 75 per cent by count of the plums or prunes in a lot are of a colour characteristic of the variety when mature. (d’une couleur passable)

    • (2) In addition to meeting the standards for all grades set out in section 74, plums and prunes graded Canada Domestic shall

      • (a) be reasonably clean;

      • (b) be of fair colour;

      • (c) be free from bruises that affect more than 15 per cent of the surface area of a plum or prune;

      • (d) be free from growth cracks that

        • (i) are not well healed,

        • (ii) exceed one per plum or prune, or

        • (iii) are shallow and well healed but exceed 6 mm (1/4 inch) in length;

      • (e) be free from hail damage that

        • (i) is not well healed,

        • (ii) has broken the skin and exceeds 3 mm (1/8 inch) in diameter,

        • (iii) has broken the skin, causing marks that exceed three per plum or prune, or

        • (iv) affects an aggregate area per plum or prune exceeding 13 mm (1/2 inch) in diameter;

      • (f) be free from limb rub or leaf mark that affects more than 15 per cent of the surface area of a plum or prune;

      • (g) be free from russeting that affects more than 25 per cent of the surface area of a plum or prune;

      • (h) be free from sunscald that does not blend with the normal colour of a plum or prune or has caused blistering or cracking of the skin;

      • (i) be free from drought spot that affects more than 10 per cent of the surface area of a plum or prune;

      • (j) be free from insect stings that

        • (i) exceed 3 per plum or prune,

        • (ii) extend into the flesh, or

        • (iii) affect an aggregate area per plum or prune exceeding 6 mm (1/4 inch) in diameter;

      • (k) be free from a combination of two or more defects referred to in paragraphs (c) to (j) and 74(d) that individually do not exceed their respective tolerances but that in combination exceed the greatest area tolerance set out in any of those paragraphs; and

      • (l) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the plums or prunes.

    • SOR/94-718, s. 9.

General Tolerances

    • 77. (1) In the grading of plums and prunes, the standards set out in sections 75 and 76, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the plums or prunes in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the plums or prunes in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to five per cent by count of the plums or prunes in the lot have less than the minimum diameter set out in the table to section 75.

    • (2) Condition defects shall apply against the grade of a lot of plums or prunes only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Field Rhubarb

Application

  • 78. The grades and standards set out in sections 79 to 81 apply to rhubarb of varieties grown from Rheum rhaponticum, rhubarb grown under protective covering being excluded.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 79. The grades and grade names for field rhubarb are Canada No. 1 and Canada Domestic.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 80. Subject to the general tolerances set out in subsection 82(1), field rhubarb graded Canada No. 1 shall

    • (a) be properly packed;

    • (b) be fresh and not wilted;

    • (c) be trimmed so that

      • (i) the butt of the rhubarb has not been cut,

      • (ii) loose skin has been removed, and

      • (iii) the leafy portion does not exceed 25 mm (1 inch) in length;

    • (d) be free from stalks pulled from the seed stem;

    • (e) have not less than one-third of each stalk of a characteristic red colour;

    • (f) have a minimum diameter of 19 mm (3/4 inch) or a minimum circumference of 63 mm (2 1/2 inches) at or near the butt;

    • (g) have a minimum length of 254 mm (10 inches);

    • (h) be free from decay;

    • (i) be free from insects or other pests and disease; and

    • (j) be free from dirt, trimmings and other foreign material.

    • SOR/94-718, s. 9.

Canada Domestic Grade Standards

  • 81. Subject to the general tolerances set out in subsection 82(2), field rhubarb graded Canada Domestic shall be free from decay.

    • SOR/94-718, s. 9.

General Tolerances

    • 82. (1) In the grading of field rhubarb into Canada No. 1 grade, the standards set out in section 80 are considered to be met where up to 10 per cent by count of the rhubarb in a lot has defects, including

      • (a) in the case of a lot of rhubarb inspected at the time of shipping or repacking, not more than

        • (i) one per cent that is affected by decay, and

        • (ii) five per cent that has the same defect other than decay; and

      • (b) in the case of a lot of rhubarb inspected at a time other than at the time of shipping or repacking, not more than five per cent that has the same permanent defect.

    • (2) In the grading of field rhubarb into Canada Domestic grade, the standards set out in section 81 are considered to be met where, in a lot of rhubarb inspected at the time of shipping or repacking, up to one per cent by count of the rhubarb in the lot is affected by decay.

    • (3) Condition defects shall apply against the grade of a lot of field rhubarb only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Strawberries

Application

  • 83. The grade and the standards set out in sections 84 and 85 apply to strawberries of varieties grown from the genus Fragaria.

    • SOR/94-718, s. 9.

Grade and Grade Name

    • 84. (1) The grade and grade name for strawberries is Canada No. 1.

    • (2) The use of the grade and grade name set out in subsection (1) is optional but, where they are used, the fruit shall conform to the standards set out in section 85.

    • SOR/94-718, s. 9.

Standards

  • 85. Subject to the general tolerances set out in section 86, strawberries graded Canada No. 1 shall

    • (a) be properly packed;

    • (b) be fairly clean, firm and sound;

    • (c) be well formed and have the calyx attached;

    • (d) be of a colour characteristic of the variety when mature;

    • (e) have a minimum diameter of 16 mm (5/8 inch);

    • (f) be free from bird pecks and bruises;

    • (g) be free from mould and surface moisture; and

    • (h) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the strawberries.

    • SOR/94-718, s. 9.

General Tolerances

    • 86. (1) In the grading of strawberries, the standards set out in section 85 are considered to be met where

      • (a) up to 10 per cent by count of the strawberries in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the strawberries in a lot of strawberries inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to five per cent by count of the strawberries in the lot have less than the minimum diameter set out in paragraph 85(e).

    • (2) Condition defects shall apply against the grade of a lot of strawberries only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

PART IIGRADES AND STANDARDS FOR FRESH VEGETABLES

Interpretation

  • 1. In this Part,

    “sound”

    “sound” means that, at the time of shipping or repacking, the vegetables are free from condition defects such as decay, breakdown, freezing damage, soft or shrivelled specimens, overripe specimens or other damage adversely affecting their keeping quality; (sain)

    “wrapper leaves”

    “wrapper leaves” means all leaves that do not closely enfold the compact portion of the head. (feuilles enveloppantes)

    • SOR/88-428, s. 26;
    • SOR/94-510, s. 25;
    • SOR/94-718, s. 9.

Grades and Standards for Asparagus

Application

  • 2. The grades and standards set out in sections 3 to 7 apply only to green-coloured asparagus of varieties grown from Asparagus officinalis.

    • SOR/90-122, s. 1;
    • SOR/94-718, s. 9.

Grades and Grade Names

    • 3. (1) The grades and grade names for asparagus are Canada No. 1, Canada No. 1 Slender and Canada No. 2.

    • (2) Where asparagus is marketed as diameter graded, one of the designations set out in subsection (3), determined according to the diameter of the asparagus stalks, shall be used in addition to the grade name.

    • (3) For the purposes of subsection (2), “diameter graded” means graded, according to the diameter of the asparagus stalks, into one of three diameter size ranges that have the following designations:

      • (a) “Medium”, where the asparagus stalks have a minimum diameter of 8 mm (5/16 inch) and a maximum diameter of 14 mm (9/16 inch);

      • (b) “Large”, where the asparagus stalks have a minimum diameter of 13 mm (1/2 inch) and a maximum diameter of 21 mm (13/16 inch); and

      • (c) “Jumbo”, where the asparagus stalks have a minimum diameter of 19 mm (3/4 inch).

    • SOR/88-428, s. 26;
    • SOR/90-122, s. 1;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 4. In addition to the standards for each grade and subject to the general tolerances set out in section 8, asparagus of all grades shall

    • (a) be properly packed;

    • (b) have not more than 15 per cent of each stalk white;

    • (c) be trimmed so that the butts of the stalks are squarely, smoothly and evenly cut and are free from stringy or frayed ends;

    • (d) have stalks of a minimum diameter of 8 mm (5/16 inch), except where diameter grading designations are used in accordance with subsections 3(2) and (3);

    • (e) have stalks of a minimum length of 140 mm (5 1/2 inches);

    • (f) where packed in a pyramid-type container that holds 9 kg (20 lb) of asparagus, have a maximum length of 230 mm (9 inches); and

    • (g) be free from decay.

    • SOR/90-122, s. 1;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 5. In addition to meeting the standards for all grades set out in section 4, asparagus graded Canada No. 1 shall

    • (a) be fresh;

    • (b) be free from stalks having tips that are broken or spreading, or that have a seedy appearance;

    • (c) where packed in a container, have stalks that vary by not more than 38 mm (1 1/2 inches) in length; and

    • (d) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the asparagus.

    • SOR/88-428, s. 26;
    • SOR/90-122, s. 1;
    • SOR/94-718, s. 9.

Canada No. 1 Slender Grade Standards

  • 6. In addition to meeting the standards for all grades set out in section 4, asparagus graded Canada No. 1 Slender shall

    • (a) be fresh;

    • (b) be free from stalks having tips that are broken or spreading;

    • (c) be not seriously affected by tips that have a seedy appearance;

    • (d) have stalks of a maximum diameter of 9 mm (23/64 inch);

    • (e) where packed in a container, have stalks that vary by not more than 38 mm (1 1/2 inches) in length; and

    • (f) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the asparagus.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 7. In addition to meeting the standards for all grades set out in section 4, asparagus graded Canada No. 2 shall be free from any damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the asparagus.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

General Tolerances

    • 8. (1) In the grading of asparagus, the standards set out in sections 5 to 7, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the asparagus in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) one per cent that is affected by decay, and

        • (ii) five per cent that has the same defect other than decay;

      • (b) up to 10 per cent by count of the asparagus in a lot inspected at a time other than at the time of shipping or repacking has defects, including not more than five per cent that has the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) 10 per cent by count of the asparagus in the lot fails to meet the diameter or length requirements for the grade, and

        • (ii) 10 per cent of the containers contain stalks that exceed the maximum length variation for the grade.

    • (2) Condition defects shall apply against the grade of a lot of asparagus only when the lot is inspected at the time of shipping or repacking.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Standards for Beets

Application

  • 9. The grades and standards set out in sections 10 to 13 apply to beets of varieties grown from Beta vulgaris, beets with tops being excluded.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 10. The grades and grade names for beets are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 11. In addition to the standards for each grade and subject to the general tolerances set out in sections 14 and 15, beets of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be not trimmed into the shoulder;

    • (d) be not soft, flabby, shrivelled or woody in texture; and

    • (e) be free from decay.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 12. In addition to meeting the standards for all grades set out in section 11, beets graded Canada No. 1 shall

    • (a) be reasonably clean;

    • (b) have the shape characteristic of the variety;

    • (c) be not rough, ridged or misshapen;

    • (d) be trimmed so that the length of the tops of 75 per cent by weight of the beets in a lot does not exceed 13 mm (1/2 inch) and the length of the tops of the other beets does not exceed 25 mm (1 inch);

    • (e) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 32 mm (1 1/4 inches) and a maximum diameter of 76 mm (3 inches), or

      • (ii) have a minimum diameter of 25 mm (1 inch) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store; and

    • (f) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the beets, or

      • (ii) cannot be removed without the loss of more than five per cent of the total weight of a beet.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 13. In addition to meeting the standards for all grades set out in section 11, beets graded Canada No. 2 shall

    • (a) be not so deformed that their appearance is seriously affected;

    • (b) be trimmed so that the tops do not exceed 25 mm (1 inch) in length;

    • (c) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 32 mm (1 1/4 inches), or

      • (ii) have a minimum diameter of 25 mm (1 inch) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store; and

    • (d) be free from any other damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the beets, or

      • (ii) cannot be removed without the loss of more than 10 per cent of the total weight of a beet.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 14. In the grading of beets, the standards set out in sections 11 to 13, as applicable, are considered to be met in the case of a lot of beets inspected at the time of shipping or repacking if up to

    • (a) four per cent by weight of the beets in the lot have less than the minimum diameter set out in paragraph 12(e) or 13(c);

    • (b) 8% by weight of the beets in the lot exceed the maximum diameter set out in subparagraph 12(e)(i) or the diameter marked on the container or on the label attached to it; and

    • (c) six per cent by weight of the beets in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than two per cent that are affected by decay.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 16.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 15. In the grading of beets, the standards set out in sections 11 to 13, as applicable, are considered to be met in the case of a lot of beets inspected at a time other than the time of shipping or repacking if up to

    • (a) four per cent by weight of the beets in the lot have less than the minimum diameter set out in paragraph 12(e) or 13(c);

    • (b) 8% by weight of the beets in the lot exceed the maximum diameter set out in subparagraph 12(e)(i) or the diameter marked on the container or on the label attached to it; and

    • (c) 11% by weight of the beets in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

      • (i) 6% that are affected by other permanent defects, and

      • (ii) 4% that are affected by decay.

      • SOR/88-428, s. 26;
      • SOR/94-718, s. 9;
      • SOR/2003-6, s. 17.
    • (d[Repealed, SOR/2003-6, s. 17]

Grades and Standards for Brussels Sprouts

Application

  • 16. The grades and standards set out in sections 17 to 20 apply to Brussels sprouts, being the axillary buds growing along the vertical stem of varieties grown from Brassica oleracea var. gemmifera, Brussels sprouts remaining attached to the vertical stem being excluded.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 17. The grades and grade names for Brussels sprouts are Canada No. 1 and Canada No. 2.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 18. In addition to the standards for each grade and subject to the general tolerances set out in section 21, Brussels sprouts of all grades shall

    • (a) have been removed from the stalk;

    • (b) be properly packed;

    • (c) be not withered or burst;

    • (d) not plainly show the formation of a seed stem;

    • (e) be free from decay;

    • (f) have a minimum diameter of 25 mm (1 inch);

    • (g) have a maximum length of 70 mm (2 3/4 inches); and

    • (h) be free from insect damage that materially affects the appearance, edibility or shipping quality of the Brussels sprouts.

    • SOR/82-1048, s. 16(F);
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 19. In addition to meeting the standards for all grades set out in section 18, Brussels sprouts graded Canada No. 1 shall

    • (a) be of a good characteristic green colour;

    • (b) have a maximum diameter of 51 mm (2 inches);

    • (c) yield only slightly to moderate pressure; and

    • (d) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the Brussels sprouts.

    • SOR/79-144, s. 16;
    • SOR/80-204, s. 8;
    • SOR/81-186, s. 18(E);
    • SOR/86-864, ss. 22(F), 26(E);
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 20. In addition to meeting the standards for all grades set out in section 18, Brussels sprouts graded Canada No. 2 shall

    • (a) be of a colour not lighter than yellowish-green;

    • (b) be of a reasonable weight for their size but may have considerable open spaces between the leaves in the lower portion of the head;

    • (c) be not soft or puffy; and

    • (d) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the Brussels sprouts.

    • SOR/82-1048, s. 17(F);
    • SOR/94-718, s. 9.

General Tolerances

    • 21. (1) In the grading of Brussels sprouts, the standards set out in sections 19 and 20, as applicable, are considered to be met where

      • (a) up to 10 per cent by weight of the Brussels sprouts in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by weight of the Brussels sprouts in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by weight of the Brussels sprouts in the lot have less than the minimum diameter set out in paragraph 18(f),

        • (ii) in the case of Brussels sprouts graded Canada No. 1, five per cent by weight of the Brussels sprouts in the lot exceed the maximum diameter set out in paragraph 19(b), and

        • (iii) 10 per cent by weight of the Brussels sprouts in the lot exceed the maximum length set out in paragraph 18(g).

    • (2) Condition defects shall apply against the grade of a lot of Brussels sprouts only when the lot is inspected at the time of shipping or repacking.

    • SOR/80-204, s. 9;
    • SOR/86-864, s. 23(F);
    • SOR/94-718, s. 9.

Grades and Standards for Cabbages

Application

  • 22. The grades and standards set out in sections 23 to 26 apply to headed cabbages of varieties grown from Brassica oleracea var. capitata or Brassica oleracea var. bullata, including red cabbages and pointed cabbages.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 23. The grades and grade names for cabbages are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 24. In addition to the standards for each grade and subject to the general tolerances set out in sections 27 and 28, cabbages of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be trimmed so that the butts are no longer than 13 mm (1/2 inch) and there are no more than six wrapper leaves per head;

    • (d) have heads that are not withered or burst;

    • (e) have heads that do not plainly show the formation of a seed stem; and

    • (f) be free from decay.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 25. In addition to meeting the standards for all grades set out in section 24, cabbages graded Canada No. 1 shall

    • (a) have, in the case of cabbages of the Savoy type, heads that are not soft;

    • (b) have, in the case of cabbages of types other than Savoy, heads that yield only slightly to pressure;

    • (c) have all outer leaves that are damaged by worms, disease or other factors removed;

    • (d) where packed in a container, not vary by more than 51 mm (2 inches) in diameter; and

    • (e) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cabbages.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 26. In addition to meeting the standards for all grades set out in section 24, cabbages graded Canada No. 2 shall

    • (a) have heads that are not soft; and

    • (b) be free from any other damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the cabbages, or

      • (ii) cannot be removed without the loss of more than 15 per cent of the edible portion of a head of cabbage.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 27. In the grading of cabbage, the standards set out in sections 24 to 26, as applicable, are considered to be met in the case of a lot of cabbage inspected at the time of shipping or repacking if up to

    • (a) 10 per cent by count of the cabbages in the lot have defects, including not more than

      • (i) two per cent that are affected by decay, and

      • (ii) five per cent that have the same defect other than decay; and

    • (b) in the case of cabbage graded Canada No. 1, 10% of the containers in the lot contain heads whose diameters vary by more than the maximum diameter variation set out in paragraph 25(d).

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 18.

General Tolerances At a Time Other Than at the Time of Shipping or Repacking

  • 28. In the grading of cabbage, the standards set out in sections 24 to 26, as applicable, are considered to be met in the case of a lot of cabbage inspected at a time other than the time of shipping or repacking if up to

    • (a) 15% by count of the cabbages in the lot have defects, including not more than

      • (i) 10% that are affected by permanent defects, including not more than 5% that have the same permanent defect,

      • (ii) 10% that have the same condition defect other than decay, and

      • (iii) 4% that are affected by decay; and

    • (b) in the case of cabbage graded Canada No. 1, 10% of the containers in the lot contain heads whose diameters vary by more than the maximum diameter variation set out in paragraph 25(d).

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 19.

Grades and Standards for Carrots

Application

  • 29. The grades and standards set out in sections 30 to 33 apply to carrots of varieties grown from Daucus carota, carrots with tops being excluded.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 30. The grades and grade names for carrots are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 31. In addition to the standards for each grade and subject to the general tolerances set out in sections 34 and 35, carrots of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be not forked;

    • (d) be not trimmed into the crown;

    • (e) be not soft, flabby, shrivelled or woody in texture;

    • (f) be free from decay; and

    • (g) have a minimum length of 114 mm (4 1/2 inches).

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 32. In addition to meeting the standards for all grades set out in section 31, carrots graded Canada No. 1 shall

    • (a) be reasonably clean;

    • (b) be not materially rough, materially misshapen or materially affected by secondary rootlets;

    • (c) be trimmed so that the length of the tops of 75 per cent by weight of the carrots in a lot does not exceed 13 mm (1/2 inch) and the length of the tops of the other carrots does not exceed 25 mm (1 inch);

    • (d) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 25 mm (1 inch) and a maximum diameter of 44 mm (1 3/4 inches),

      • (ii) have a minimum diameter of 19 mm (3/4 inch) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store, or

      • (iii) have a minimum diameter of 38 mm (1 1/2 inches) or greater and be packed in a container on which is marked or marked on a label attached thereto the size designation “38 mm and up” (1 1/2 inches and up), or the greater minimum size designation that may be applicable;

    • (e) be free from crown damage caused by mechanical injury that

      • (i) exceeds 13 mm (1/2 inch) in depth,

      • (ii) has become noticeably discoloured, or

      • (iii) affects an aggregate area exceeding two-thirds the diameter of the carrot;

    • (f) be free from broken carrots

      • (i) that do not conform to the general shape of a carrot,

      • (ii) that,

        • (A) in the case of cylindrical types of carrots, are less than 152 mm (6 inches) in length, and

        • (B) in the case of other types of carrots, are less than 152 mm (6 inches) in length and have a tip diameter greater than one-half the diameter of the carrot, or

      • (iii) that have a rough or jagged cut or break;

    • (g) be free from fresh cracks that

      • (i) are not clean,

      • (ii) are more than 3 mm (1/8 inch) in width,

      • (iii) are more than 6 mm (1/4 inch) in depth, or

      • (iv) exceed one-third of the length of the carrot;

    • (h) be free from sunburn that

      • (i) extends more than 13 mm (1/2 inch) below the outer edge of the crown, or

      • (ii) affects more than 10 per cent by weight of the carrots in a lot, with the exception of sunburn affecting only the crown and not extending below the outer edge of the crown; and

    • (i) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the carrots, or

      • (ii) cannot be removed without a loss of more than five per cent of the total weight of a carrot.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 33. In addition to meeting the standards for all grades set out in section 31, carrots graded Canada No. 2 shall

    • (a) not be so deformed that the appearance of the carrots is seriously affected;

    • (b) be trimmed so that the tops do not exceed 25 mm (1 inch) in length;

    • (c) have a minimum diameter of 19 mm (3/4 inch);

    • (d) be free from sunburn that extends more than 25 mm (1 inch) below the outer edge of the crown; and

    • (e) be free from any other damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the carrots, or

      • (ii) cannot be removed without the loss of more than 10 per cent of the total weight of a carrot.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 34. In the grading of carrots, the standards set out in sections 31 to 33, as applicable, are considered to be met in the case of a lot of carrots inspected at the time of shipping or repacking if up to 10% by weight of the carrots in the lot have defects, including not more than

    • (a) four per cent that have less than the minimum diameter or length;

    • (b) eight per cent that exceed the maximum diameter;

    • (c) five per cent that have the same defect other than a defect referred to in paragraphs (a) or (b); and

    • (d) two per cent that are affected by decay.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 20.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 35. In the grading of carrots, the standards set out in sections 31 to 33, as applicable, are considered to be met in the case of a lot of carrots inspected at a time other than the time of shipping or repacking if up to 15% by weight of the carrots in the lot have defects, including not more than

    • (a) four per cent that have less than the minimum diameter or length;

    • (b) eight per cent that exceed the maximum diameter;

    • (c) five per cent that have the same permanent defect other than a defect referred to in paragraphs (a) or (b);

    • (d) 10 per cent that have permanent defects, including those defects referred to in paragraphs (a) to (c);

    • (e) 10% that have the same condition defect other than decay; and

    • (f) 4% that are affected by decay.

    • SOR/81-186, s. 19;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 21.

Grades and Standards for Cauliflower

Application

  • 36. The grades and standards set out in sections 37 to 40 apply to cauliflower of varieties grown from Brassica oleracea var. botrytis.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 37. The grades and grade names for cauliflower are Canada No. 1 and Canada No. 2.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 38. In addition to the standards for each grade and subject to the general tolerances set out in section 41, cauliflower of all grades shall

    • (a) be properly packed;

    • (b) have no heads of abnormal colour; and

    • (c) be free from decay.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 39. In addition to meeting the standards for all grades set out in section 38, cauliflower graded Canada No. 1 shall

    • (a) have compact heads;

    • (b) have superfluous leaves removed but the heads, unless individually wrapped, shall be protected by a ring of wrapper leaves;

    • (c) have wrapper leaves that are fresh and green and not damaged or unsightly;

    • (d) have no overmature heads that are loose, open or turning yellow;

    • (e) have no heads with a loose or granular appearance commonly known as “riciness”;

    • (f) be free from enlarged bracts having grown up through and extended beyond the curd and materially affecting the appearance of the head;

    • (g) be free from stems of the individual flower buds that have begun to elongate causing the surface of the head to have a fuzzy appearance;

    • (h) have a minimum diameter of 102 mm (4 inches);

    • (i) where packed in a container, not vary by more than 51 mm (2 inches) in diameter; and

    • (j) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the cauliflower, or

      • (ii) seriously affects the wrapper leaves.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 40. In addition to meeting the standards for all grades set out in section 38, cauliflower graded Canada No. 2 shall

    • (a) have fairly compact heads; and

    • (b) be free from any damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the cauliflower, or

      • (ii) cannot be removed without altering the shape of a head.

    • SOR/94-718, s. 9.

General Tolerances

    • 41. (1) In the grading of cauliflower, the standards set out in sections 39 and 40, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the cauliflower in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the cauliflower in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), in the case of cauliflower graded Canada No. 1, up to

        • (i) five per cent by count of the cauliflower in the lot have less than the minimum diameter set out in paragraph 39(h), and

        • (ii) 10 per cent of the containers contain fewer or more heads than the number marked thereon or contain heads that exceed the maximum diameter variation set out in paragraph 39(i).

    • (2) Condition defects shall apply against the grade of a lot of cauliflower only when the lot is inspected at the time of shipping or repacking.

    • SOR/81-186, s. 20(F);
    • SOR/86-782, s. 5;
    • SOR/88-90, s. 1;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Standards for Celery

Application

  • 42. The grades and standards set out in sections 43 to 47 apply to celery varieties grown from Apium graveolens var. dulce.

    • SOR/80-204, s. 10;
    • SOR/86-782, s. 6;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 43. The grades and grade names for celery are Canada No. 1, Canada No. 1 Heart and Canada No. 2.

    • SOR/86-782, s. 7;
    • SOR/94-718, s. 9.

Standards for All Grades

    • 44. (1) In addition to meeting the standards for each grade and subject to the general tolerances set out in section 48, celery of all grades shall

      • (a) be properly packed;

      • (b) have no stalks that plainly show the formation of any seed stems; and

      • (c) be free from heart rot and other decay.

    • (2) For the purposes of sections 45 to 47,

      • (a) the length of a stalk of celery is the distance from the point where the main root is cut off to a point that represents the average extremity of the outer whorl of branches;

      • (b) the average midrib length is the average length of all the branches in the outer whorl measured from the point of attachment at the base to the first node; and

      • (c) the diameter of a stalk of celery is the diameter as measured from a point that is 51 mm (2 inches) above the point where the lowest branch is attached to the base.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 45. In addition to meeting the standards for all grades set out in section 44, celery graded Canada No. 1 shall

    • (a) be fresh;

    • (b) have stalks that have inner heart branches of a number, length and stockiness characteristic of the variety when mature;

    • (c) be trimmed so that any outside coarse or damaged branches are removed and the portion of the main root that remains is not more than 76 mm (3 inches) in length;

    • (d) have stalks of a minimum length of 305 mm (12 inches), a minimum average midrib length of 179 mm (7 inches) and a minimum diameter of 63 mm (2 1/2 inches), where there are more than 24 stalks per container, and a minimum diameter of 76 mm (3 inches), where there are 24 or fewer stalks per container;

    • (e) where packed in a container, have stalks that do not vary by more than 38 mm (1 1/2 inches) in diameter or by more than 51 mm (2 inches) in length;

    • (f) be free from insect or mollusk damage that affects

      • (i) the inner branches, or

      • (ii) an aggregate area exceeding 645 mm2 (1 square inch) per stalk on the outer branches;

    • (g) be free from pithiness affecting more than two branches of any one stalk; and

    • (h) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the celery.

    • SOR/94-718, s. 9.

Canada No. 1 Heart Grade Standards

  • 46. In addition to meeting the standards for all grades set out in section 44, celery graded Canada No. 1 Heart shall meet the standards of Canada No. 1 grade with the exception of those for uniformity of size, minimum diameter and minimum stalk length set out in paragraphs 45(d) and (e).

    • SOR/79-144, s. 18;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 47. In addition to meeting the standards for all grades set out in section 44, celery graded Canada No. 2 shall

    • (a) have stalks of a minimum diameter of 63 mm (2 1/2 inches); and

    • (b) be free from any damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the celery.

    • SOR/94-718, s. 9.

General Tolerances

    • 48. (1) In the grading of celery, the standards set out in sections 45 to 47, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the stalks of celery in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the stalks of celery in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the celery in the lot have less than the minimum diameter or are shorter than the minimum length, and

        • (ii) 10 per cent of the containers in the lot have more than five per cent more stalks or five per cent fewer stalks than the number marked thereon or contain stalks that exceed the maximum diameter or length variation.

    • (2) Condition defects shall apply against the grade of a lot of celery only when the lot is inspected at the time of shipping or repacking.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Standards for Sweet Corn

Application

  • 49. The grade and the standards set out in sections 50 and 51 apply to sweet corn varieties grown from Zea mays var. rugosa.

    • SOR/94-718, s. 9.

Grade and Grade Name

  • 50. The grade and grade name for sweet corn is Canada No. 1.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards

    • 51. (1) Subject to the general tolerances set out in section 52, sweet corn graded Canada No. 1 shall

      • (a) be properly packed;

      • (b) have similar varietal characteristics;

      • (c) be well covered with fresh, unbroken green husks or, if the husks have been removed, be protected by transparent wrappers;

      • (d) have no ears that are misshapen or stunted in growth;

      • (e) have ears with kernels that are tender, plump and milky;

      • (f) have ears on which

        • (i) the rows of kernels are of fairly uniform development,

        • (ii) the undeveloped ends do not exceed one-quarter of the length of the ear, and

        • (iii) the appearance and quality of the edible portion are not affected by poorly developed rows;

      • (g) have, when measured lengthwise,

        • (i) a minimum of 102 mm (4 inches) of edible kernels of corn on each ear, or

        • (ii) a minimum of 102 mm (4 inches) and a maximum of 152 mm (6 inches) of edible kernels of corn on each ear and shall have marked on the container or on a label attached thereto the size designation “Small”;

      • (h) be free from decay; and

      • (i) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the sweet corn.

    • (2) Subject to paragraph (1)(g), ears of sweet corn graded Canada No. 1 may be trimmed at the tassel end if the trimming does not remove all evidence of tapering of the ear.

    • SOR/94-718, s. 9.

General Tolerances

    • 52. (1) In the grading of sweet corn, the standards set out in section 51 are considered to be met where

      • (a) up to 10 per cent by count of the ears in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) one per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the ears in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) 15 per cent by count of the ears in the lot exceed the maximum length set out in subparagraph 51(1)(g)(ii),

        • (ii) five per cent by count of the ears in the lot are shorter than the minimum length set out in paragraph 51(1)(g),

        • (iii) 10 per cent of the containers in the lot that contain less than 36 ears have 1 ear more or less than the number of ears marked thereon, and

        • (iv) 10 per cent of the containers in the lot that contain 36 ears or more have 2 ears more or less than the number of ears marked thereon.

    • (2) Condition defects shall apply against the grade of a lot of sweet corn only when the lot is inspected at the time of shipping or repacking.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Standards for Field Cucumbers

Application

    • 53. (1) Subject to subsection (2), the grades and standards set out in sections 54 to 57 apply to cucumber varieties grown from Cucumis sativus that are not grown in artificial conditions under glass or other protective covering, except for their initial stages of growth.

    • (2) The grades and standards referred to in subsection (1) do not apply to cucumbers for processing.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 54. The grades and grade names for field cucumbers are Canada No. 1 and Canada No. 2.

    • SOR/83-703, s. 6;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 55. In addition to the standards for each grade and subject to the general tolerances set out in section 58, field cucumbers of all grades shall

    • (a) be properly packed;

    • (b) be fresh, sound and firm; and

    • (c) be free from sunscald.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 56. In addition to meeting the standards for all grades set out in section 55, field cucumbers graded Canada No. 1 shall

    • (a) have a good characteristic green colour over at least 85 per cent of the surface area of each cucumber;

    • (b) be practically straight, not more than very slightly constricted and not more than moderately tapered or pointed;

    • (c) have a maximum diameter of 70 mm (2 3/4 inches) and a minimum length of 152 mm (6 inches);

    • (d) where packed in a container, with the exception of one cucumber, not vary by more than 19 mm (3/4 inches) in diameter or 51 mm (2 inches) in length;

    • (e) be free from scars affecting more than five per cent of the surface area of a cucumber; and

    • (f) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cucumbers.

    • SOR/80-204, s. 11;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 57. In addition to meeting the standards for all grades set out in section 55, field cucumbers graded Canada No. 2 shall

    • (a) have a good characteristic green colour over at least 75 per cent of the surface area of each cucumber;

    • (b) be not more than moderately curved, not severely constricted, and not extremely tapered or pointed or otherwise misshapen;

    • (c) have a minimum length of 102 mm (4 inches);

    • (d) be free from scars affecting more than 10 per cent of the surface area of a cucumber; and

    • (e) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the cucumbers.

    • SOR/94-718, s. 9.

General Tolerances

    • 58. (1) In the grading of field cucumbers, the standards set out in sections 56 and 57, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the cucumbers in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) one per cent that are affected by decay, and

        • (ii) five per cent that have the same defect other than decay;

      • (b) up to 10 per cent by count of the cucumbers in a lot inspected at a time other than at the time of shipping or repacking have defects, including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the cucumbers in the lot exceed the maximum diameter or are shorter than the minimum length, and

        • (ii) 10 per cent of the containers contain cucumbers that exceed the maximum diameter or length variation.

    • (2) Condition defects shall apply against the grade of a lot of field cucumbers only when the lot is inspected at the time of shipping or repacking.

    • SOR/80-204, s. 12;
    • SOR/94-718, s. 9.

Grades and Standards for Greenhouse Cucumbers

Application

    • 59. (1) Subject to subsection (2), the grades and standards set out in sections 60 to 63 apply to cucumber varieties grown from Cucumis sativus in artificial conditions under glass or other protective covering.

    • (2) The grades and standards referred to in subsection (1) do not apply to cucumbers for processing.

    • SOR/80-204, s. 13;
    • SOR/81-186, s. 21(F);
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 60. The grades and grade names for greenhouse cucumbers are Canada No. 1 and Canada No. 2.

    • SOR/91-529, s. 1;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 61. In addition to the standards for each grade and subject to the general tolerances set out in section 64, greenhouse cucumbers of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics; and

    • (c) be fresh, sound and firm.

    • SOR/81-186, s. 22(E);
    • SOR/86-688, s. 4;
    • SOR/86-864, s. 24;
    • SOR/90-243, s. 13;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 62. (1) In addition to meeting the standards for all grades set out in section 61, greenhouse cucumbers graded Canada No. 1 shall

      • (a) have a good characteristic green colour over at least 85 per cent of the surface area of each cucumber;

      • (b) subject to paragraph (c), be fairly straight and not more than slightly tapered at either end;

      • (c) in the case of long seedless cucumbers, have the height of the inner arc of curvature not exceed the diameter of the cucumber when measured from a flat surface;

      • (d) in the case of long seedless cucumbers, have a minimum diameter of 41 mm (1 5/8 inches);

      • (e) have a minimum length

        • (i) of 280 mm (11 inches), in the case of long seedless cucumbers, and

        • (ii) of 152 mm (6 inches), in the case of other types of cucumbers;

      • (f) where packed in a container, with the exception of one cucumber, not vary by more than

        • (i) 13 mm (1/2 inch) in diameter or, subject to paragraph (g), 63 mm (2 1/2 inches) in length, in the case of long seedless cucumbers, and

        • (ii) 13 mm (1/2 inch) in diameter or 38 mm (1 1/2 inches) in length, in the case of other types of cucumbers;

      • (g) where long seedless cucumbers are packed and sold one dozen per container, be labelled in addition to the grade with the size designation

        • (i) “Small”, where they have a minimum length of 280 mm (11 inches) and a maximum length of 317 mm (12 1/2 inches),

        • (ii) “Medium”, where they have a minimum length greater than 317 mm (12 1/2 inches) and a maximum length of 368 mm (14 1/2 inches),

        • (iii) “Large”, where they have a minimum length greater than 368 mm (14 1/2 inches) and a maximum length of 419 mm (16 1/2 inches), and

        • (iv) “Extra Large”, where they have a minimum length greater than 419 mm (16 1/2 inches); and

      • (h) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the cucumbers.

    • (2) For the purposes of paragraphs (1)(c) and (d) and subparagraph (1)(f)(i), “diameter” means the diameter as measured from a point that is 127 mm (5 inches) from the stem end of a cucumber.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

    • 63. (1) In addition to meeting the standards for all grades set out in section 61, greenhouse cucumbers graded Canada No. 2 shall

      • (a) have a good characteristic green colour over at least 75 per cent of the surface of each cucumber;

      • (b) subject to paragraph (c), be not materially curved, constricted, pointed or otherwise misshapen;

      • (c) in the case of long seedless cucumbers, have the height of the inner arc of curvature not exceed 76 mm (3 inches) when measured from a flat surface;

      • (d) have

        • (i) in the case of long seedless cucumbers, a minimum length of 254 mm (10 inches) and a minimum diameter of 38 mm (1 1/2 inches), and

        • (ii) in the case of other types of cucumbers, a minimum length of 114 mm (4 1/2 inches); and

      • (e) be free from any other damage or defect that seriously affects the appearance, edibility or shipping quality of the cucumbers.

    • (2) For the purposes of subparagraph (1)(d)(i), “diameter” means the diameter as measured from a point that is one-half the length of the cucumber from the stem end.

    • SOR/94-718, s. 9.

General Tolerances

    • 64. (1) In the grading of greenhouse cucumbers, the standards set out in sections 62 and 63, as applicable, are considered to be met where

      • (a) up to five per cent by count of the greenhouse cucumbers in a lot inspected at the time of shipping or repacking have defects, including not more than one per cent that are affected by decay;

      • (b) up to five per cent by count of the greenhouse cucumbers in a lot inspected at a time other than at the time of shipping or repacking have permanent defects; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the cucumbers in the lot have less than the minimum diameter or are shorter than the minimum length,

        • (ii) in the case of a lot of greenhouse cucumbers graded Canada No. 1, five per cent by count of the cucumbers in the lot exceed the maximum length, and

        • (iii) 10 per cent of the containers in the lot contain a greater or lesser number of cucumbers than the number marked thereon or contain cucumbers that exceed the maximum diameter or length variation.

    • (2) Condition defects shall apply against the grade of a lot of greenhouse cucumbers only when the lot is inspected at the time of shipping or repacking.

    • SOR/79-144, s. 19;
    • SOR/82-1048, s. 18(F);
    • SOR/86-688, s. 5;
    • SOR/94-718, s. 9.

Grades and Standards for Head Lettuce

Application

  • 65. The grades and standards set out in sections 66 to 69 apply to lettuce varieties grown from Lactuca sativa var. capitata, Iceberg type.

    • SOR/86-688, s. 6;
    • SOR/86-782, s. 8(F);
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 66. The grades and grade names for head lettuce are Canada No. 1 and Canada No. 2.

    • SOR/90-243, s. 14;
    • SOR/91-529, s. 3;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 67. In addition to the standards for each grade and subject to the general tolerances set out in section 70, head lettuce of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be trimmed so that the butt is cut off close to the point of attachment of the wrapper leaves;

    • (d) not have more than eight wrapper leaves;

    • (e) have head leaves that are crisp and wrapper leaves that are not more than slightly wilted;

    • (f) be free from decay, tipburn and brown blight;

    • (g) have heads that are not split or burst;

    • (h) have no heads the shape of which clearly indicates more than one centre of growth; and

    • (i) have no heads that plainly show the formation of a seed stem.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 68. In addition to meeting the standards for all grades set out in section 67, head lettuce graded Canada No. 1 shall

    • (a) have any coarse, damaged or otherwise objectionable wrapper leaves removed;

    • (b) have heads that are compact and yield only slightly to pressure;

    • (c) where packed in a container, not vary by more than 51 mm (2 inches) in diameter; and

    • (d) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the lettuce.

    • SOR/82-1048, s. 19;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 69. In addition to meeting the standards for all grades set out in section 67, head lettuce graded Canada No. 2 shall

    • (a) have any coarse leaves removed;

    • (b) have heads that show characteristic formation for the type; and

    • (c) be free from any damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the lettuce, or

      • (ii) cannot be removed without a loss of some of the compact portion of the head.

    • SOR/94-718, s. 9.

General Tolerances

    • 70. (1) In the grading of head lettuce, the standards set out in sections 68 and 69, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the heads of lettuce in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) two per cent that are affected by decay in the compact portion, and

        • (ii) three per cent of the heads, including those referred to in subparagraph (i), that are affected by decay; and

      • (b) up to 10 per cent by count of the heads of lettuce in a lot inspected at a time other than at the time of shipping or repacking have permanent defects; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to 10 per cent of the containers in the lot contain a greater or lesser number of heads than the number marked thereon or contain heads that exceed the maximum diameter variation set out in paragraph 68(c).

    • (2) Condition defects shall apply against the grade of a lot of head lettuce only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Onions

Application

    • 71. (1) The grades and standards set out in sections 72 to 76 apply to onion varieties grown from Allium cepa, green onions and onions with tops being excluded.

    • (2) In sections 74, 75, 77 and 78, “ovoid specimen” means an onion the length of which is more than one and a half times the diameter.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 72. The grades and grade names for onions are Canada No. 1, Canada No. 1 Pickling and Canada No. 2.

    • SOR/79-144, s. 20;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 73. In addition to the standards for each grade and subject to the general tolerances set out in sections 77 and 78, onions of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics; and

    • (c) be free from thick necks, seed stems and decay.

    • SOR/79-144, s. 21;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 74. In addition to meeting the standards for all grades set out in section 73, onions graded Canada No. 1 shall

    • (a) meet the following requirements in respect of firmness, namely,

      • (i) before September 16 in the year in which they were harvested, yield only slightly to moderate pressure, and

      • (ii) after September 15 in the year in which they were harvested, be firm;

    • (b) meet the following requirements in respect of curing, namely,

      • (i) before September 16 in the year in which they were harvested, be cured so that the neck is moderately dry, and

      • (ii) after September 15 in the year in which they were harvested, be cured so that the neck is well dried;

    • (c) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 44 mm (1 3/4 inches) and a maximum diameter of 76 mm (3 inches),

      • (ii) have a minimum diameter of 44 mm (1 3/4 inches) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store,

      • (iii) have a minimum diameter of 63 mm (2 1/2 inches) or greater and be packed in a container on which is marked or marked on a label attached thereto the size designation “63 mm and up” (2 1/2 inches and up), or the greater minimum size designation that may be applicable,

      • (iv) have a minimum diameter of 32 mm (1 1/4 inches) and a maximum diameter of 44 mm (1 3/4 inches) and be packed in a container on which is marked or marked on a label attached thereto the size designation “Small”, or

      • (v) have a minimum diameter of 76 mm (3 inches) and be packed in a container on which is marked or marked on a label attached thereto the size designation “Jumbo”;

    • (d) be free from ovoid specimens;

    • (e) be not of a shape that clearly indicates more than one centre of growth;

    • (f) be free from root growth and sprouts;

    • (g) be free from peeling that results in more than 25 per cent by weight of the onions in a lot having more than 15 per cent of the flesh exposed;

    • (h) be free from staining that results in more than 10 per cent by weight of the onions in a lot having more than 25 per cent of the surface area stained; and

    • (i) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the onions.

    • SOR/94-718, s. 9.

Canada No. 1 Pickling Grade Standards

  • 75. In addition to meeting the standards for all grades set out in section 73, onions graded Canada No. 1 Pickling shall

    • (a) yield only slightly to moderate pressure;

    • (b) be cured so that the neck of each onion is moderately dried;

    • (c) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 13 mm (1/2 inch) and a maximum diameter of 25 mm (1 inch), or

      • (ii) have a minimum diameter of 13 mm (1/2 inch) and a maximum diameter of 38 mm (1 1/2 inches) and be packed in a container on which is marked the size designation “13 mm to 38 mm” (1/2 inch to 1 1/2 inches);

    • (d) be free from ovoid specimens;

    • (e) be not of a shape that clearly indicates more than one centre of growth;

    • (f) be free from root growth and sprouts; and

    • (g) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the onions.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 76. In addition to meeting the standards for all grades set out in section 73, onions graded Canada No. 2 shall

    • (a) yield only slightly to moderate pressure;

    • (b) be cured so that the neck of each onion is moderately dried;

    • (c) have a minimum diameter of 44 mm (1 3/4 inches);

    • (d) not have outer skins broken so as to expose two or more centres of growth; and

    • (e) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the onions.

    • SOR/84-887, s. 4;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Tolerances at the Time of Shipping or Repacking

  • 77. In the grading of onions, the standards set out in sections 73 to 76, as applicable, are considered to be met in the case of a lot of onions inspected at the time of shipping or repacking if up to

    • (a) five per cent by weight of the onions in the lot have less than the minimum diameter;

    • (b) five per cent by weight of the onions in the lot exceed the maximum diameter;

    • (c) 15 per cent by weight of the onions in the lot, in the case of onions graded Canada No. 1, having the size designation “Small” and grown from sets, exceed the maximum diameter during the months of July and August;

    • (d) 10 per cent by weight of the onions in the lot, in the case of onions graded Canada No. 1 Pickling, are ovoid specimens; and

    • (e) 5% by weight of the onions in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than 2% that are affected by decay.

    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 22.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 78. In the grading of onions, the standards set out in sections 73 to 76, as applicable, are considered to be met in the case of a lot of onions inspected at a time other than the time of shipping or repacking if up to

    • (a) five per cent by weight of the onions in the lot have less than the minimum diameter;

    • (b) five per cent by weight of the onions in the lot exceed the maximum diameter;

    • (c) 15 per cent by weight of the onions in the lot, in the case of onions graded Canada No. 1, having the size designation “Small” and grown from sets, exceed the maximum diameter during the months of July and August;

    • (d) 10 per cent by weight of the onions in the lot, in the case of onions graded Canada No. 1 Pickling, are ovoid specimens; and

    • (e) 10% by weight of the onions in the lot have defects other than those referred to in paragraphs (a) to (d), including not more than

      • (i) 5% that are affected by other permanent defects, and

      • (ii) 4% that are affected by decay.

    • (f[Repealed, SOR/2003-6, s. 23]

    • SOR/79-144, s. 22;
    • SOR/88-193, s. 9;
    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 23.

Grades and Standards for Parsnips

Application

  • 79. The grades and standards set out in sections 80 to 83 apply to parsnip varieties grown from Pastinaca sativa, parsnips with tops being excluded.

    • SOR/84-887, s. 5;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Grades and Grade Names

  • 80. The grades and grade names for parsnips are Canada No. 1 and Canada No. 2.

    • SOR/84-887, s. 6;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Standards for All Grades

  • 81. In addition to the standards for each grade and subject to the general tolerances set out in sections 84 and 85, parsnips of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be not trimmed into the crown;

    • (d) be firm but not woody in texture; and

    • (e) be free from decay.

    • SOR/79-144, s. 24;
    • SOR/88-428, s. 26;
    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 82. In addition to meeting the standards for all grades set out in section 81, parsnips graded Canada No. 1 shall

    • (a) be reasonably clean and fairly smooth;

    • (b) be not turnip-shaped or so forked or misshapen as to materially affect the appearance of the parsnips;

    • (c) be free from secondary rootlets that materially affect the appearance of the parsnips;

    • (d) be trimmed so that the length of the tops of 75 per cent by weight of the parsnips in a lot does not exceed 13 mm (1/2 inch) and the length of the tops of the other parsnips does not exceed 25 mm (1 inch);

    • (e) meet the following requirements in respect of diameter, namely,

      • (i) have a minimum diameter of 25 mm (1 inch) and a maximum diameter of 76 mm (3 inches),

      • (ii) have a minimum diameter of 25 mm (1 inch) and

        • (A) conform to the diameter size range marked on the container or on a label attached thereto,

        • (B) be packed in a transparent container, or

        • (C) be in a bulk display in a retail store, or

      • (iii) have a minimum diameter of 44 mm (1 3/4 inches) or greater and be packed in a container on which is marked or marked on a label attached thereto the size designation “44 mm and up” (1 3/4 inches and up), or the greater minimum size designation that may be applicable;

    • (f) where packed as prepackaged products, not vary by more than 38 mm (1 1/2 inches) in diameter;

    • (g) have a minimum length of 127 mm (5 inches); and

    • (h) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the parsnips, or

      • (ii) cannot be removed without a loss of more than five per cent of the weight of a parsnip.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 83. In addition to meeting the standards for all grades set out in section 81, parsnips graded Canada No. 2 shall

    • (a) be not so badly forked or misshapen that the appearance of the parsnips is seriously affected;

    • (b) be trimmed so that the tops do not exceed 25 mm (1 inch) in length;

    • (c) have a minimum diameter of 25 mm (1 inch) and a minimum length of 102 mm (4 inches); and

    • (d) be free from any other damage or defect or combination thereof that

      • (i) seriously affects the appearance, edibility or shipping quality of the parsnips, or

      • (ii) cannot be removed without a loss of more than 10 per cent of the weight of a parsnip.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 84. In the grading of parsnips, the standards set out in sections 81 to 83, as applicable, are considered to be met in the case of a lot of parsnips inspected at the time of shipping or repacking if up to

    • (a) four per cent by weight of the parsnips in the lot have less than the minimum diameter or are shorter than the minimum length;

    • (b) eight per cent by weight of the parsnips in the lot exceed the maximum diameter or the maximum length;

    • (c) 10 per cent of the containers in a lot of prepackaged parsnips graded Canada No. 1 contain parsnips that exceed the maximum size variation set out in paragraph 82(f); and

    • (d) six per cent by weight of the parsnips in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than two per cent that are affected by decay.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 24.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 85. In the grading of parsnips, the standards set out in sections 81 to 83, as applicable, are considered to be met in the case of a lot of parsnips inspected at a time other than the time of shipping or repacking if up to

    • (a) four per cent by weight of the parsnips in the lot have less than the minimum diameter or are shorter than the minimum length;

    • (b) eight per cent by weight of the parsnips in the lot exceed the maximum diameter or the maximum length;

    • (c) 10 per cent of the containers in a lot of prepackaged parsnips graded Canada No. 1 contain parsnips that exceed the maximum size variation set out in paragraph 82(f); and

    • (d) 11% by weight of the parsnips in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than

      • (i) 6% that are affected by other permanent defects, and

      • (ii) 4% that are affected by decay.

    • (e[Repealed, SOR/2003-6, s. 25]

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 25.

Grades and Standards for Potatoes

Application

  • 86. The grades and standards set out in sections 87 to 90 apply to potato varieties grown from Solanum tuberosum, potatoes for seed being excluded.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 87. The grades and grade names for potatoes are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 88. In addition to the standards for each grade and subject to the tolerances set out in sections 91 and 92, potatoes of all grades shall

    • (a) be properly packed;

    • (b) not be artificially coloured;

    • (c) have similar varietal characteristics;

    • (d) be free from sprouts that at a time other than at the time of shipping or repacking exceed 25 mm (1 inch) in length;

    • (e) be free from damage caused by freezing;

    • (f) be free from bacterial ring rot, black heart or other decay;

    • (g) be free from greening that

      • (i) affects more than 15 per cent of the surface area of a potato, or

      • (ii) penetrates the flesh of a potato to a depth that would not be removed by ordinary peeling;

    • (h) be free from hollow heart that

      • (i) in the case of a potato that has a diameter of 63 mm (2 1/2 inches) or a weight of 170 g (6 ounces), exceeds 13 mm (1/2 inch) in length or 6 mm (1/4 inch) in width, and

      • (ii) in the case of a potato that has a greater or lesser diameter or weight than that set out in subparagraph (i), exceeds a size that is proportional to the length and width, in relation to the size of the potato, set out in that subparagraph;

    • (i) be free from insects or worms within the flesh of a potato; and

    • (j) where the potatoes are packed in cartons, meet the following requirements in respect of diameter, weight or count, namely,

      • (i) where the cartons are labelled with

        • (A) a count designation, the potatoes shall have a minimum diameter as set out in paragraph 89(2)(f) or (g) or 90(2)(f), according to the variety and grade of the potatoes, or

        • (B) one of the size designations set out in column I of an item of the table to this section, the potatoes shall have the minimum weight and maximum weight set out in columns II and III respectively of that item,

      • (ii) not more than 10 per cent of the cartons shall contain up to five per cent fewer or more potatoes than the count designation shown on the label, and

      • (iii) where the potatoes are packed in cartons that are labelled with the designation “283 g minimum” or “10 oz minimum”, the potatoes shall have a minimum weight of 283 g (10 oz).

        TABLE

        ItemColumn IColumn IIColumn III
        Size DesignationMinimum WeightMaximum Weight
        1.Under 50425 g (15 oz)
        2.50340 g (12 oz)539 g (19 oz)
        3.60283 g (10 oz)454 g (16 oz)
        4.70255 g (9 oz)425 g (15 oz)
        5.80227 g (8 oz)369 g (13 oz)
        6.90198 g (7 oz)340 g (12 oz)
        7.100170 g (6 oz)283 g (10 oz)
        8.110142 g (5 oz)255 g (9 oz)
        9.120 and over113 g (4 oz)227 g (8 oz)
    •  SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 89. (1) In this section, “reasonably clean” means

      • (a) the potatoes are reasonably free from dirt; and

      • (b) where the potatoes are in a container, there is not more than a slight amount of loose dirt or foreign material in the container.

    • (2) In addition to meeting the standards for all grades set out in section 88, potatoes graded Canada No. 1 shall

      • (a) be reasonably clean;

      • (b) be not materially pointed, materially dumb-bell shaped or otherwise materially deformed and shall not have had knobs removed;

      • (c) be free from sprouts that at the time of shipping or repacking exceed 6 mm (1/4 inch) in length;

      • (d) be not shrivelled or flabby;

      • (e) except in the case of new potatoes shipped before September 16 in the year in which they were grown, have skins that will not loosen readily during ordinary handling and have not more than 10 per cent of the surface flesh exposed;

      • (f) subject to paragraph (g), meet the following requirements in respect of diameter or weight, namely,

        • (i) where of a round variety, the potatoes shall

          • (A) have a minimum diameter of 57 mm (2 1/4 inches) and a maximum diameter of 89 mm (3 1/2 inches), or

          • (B) have a minimum weight of 142 g (5 ounces) and a maximum weight of 340 g (12 ounces),

        • (ii) where of a long variety, the potatoes shall

          • (A) have a minimum diameter of 51 mm (2 inches) or a minimum weight of 113 g (4 ounces) and a maximum diameter of 89 mm (3 1/2 inches) or a maximum weight of 340 g (12 ounces), except that potatoes 89 mm (3 1/2 inches) or more in length may have a minimum diameter of 44 mm (1 3/4 inches) and, in either case, at least 60 per cent by weight of the potatoes in the lot shall have a diameter of at least 57 mm (2 1/4 inches) or a weight of at least 142 g (5 ounces), and

          • (B) have a minimum diameter of 48 mm (1 7/8 inches) and a maximum diameter of 76 mm (3 inches), or a maximum weight of 283 g (10 ounces), and at least 75 per cent by weight of the potatoes in the lot shall have a diameter of at least 51 mm (2 inches) or a weight of at least 113 g (4 ounces), where potatoes labelled with the size designation “48 mm to 76 mm” (1 7/8 inches to 3 inches) are being shipped from one province to another, and

        • (iii) where the potatoes are

          • (A) of any variety and are labelled with the size designation “70 mm to 114 mm” (2 3/4 inches to 4 1/2 inches), or with the word “Chef”, have

            • (I) a minimum diameter of 70 mm (2 3/4 inches) and a maximum diameter of 114 mm (4 1/2 inches), or

            • (II) a minimum weight of 227 g (8 ounces) and a maximum weight of 510 g (18 ounces), and

          • (B) of any variety and are labelled with the size designation “76 mm to 114 mm” (3 inches to 4 1/2 inches) or with the word “Large”, have

            • (I) a minimum diameter of 76 mm (3 inches) and a maximum diameter of 114 mm (4 1/2 inches), or

            • (II) a minimum weight of 283 g (10 ounces) and a maximum weight of 510 g (18 ounces);

      • (g) in the case of new potatoes, meet the requirements in respect of diameter or weight that are set out in paragraph (f), except that new potatoes required by that paragraph to have a minimum diameter of 51 mm (2 inches) or a minimum weight of 113 g (4 ounces), or a minimum diameter of 57 mm (2 1/4 inches) or a minimum weight of 142 g (5 ounces), may have a minimum diameter of 48 mm (1 7/8 inches) where the new potatoes are

        • (i) of a round variety and are shipped before September 16 in the year in which they were grown, or

        • (ii) of a long variety and are shipped before July 1 in the year in which they were grown;

      • (h) be free from blight;

      • (i) be free from surface scab affecting more than five per cent of the surface area of a potato;

      • (j) be free from sunburn that

        • (i) affects more than five per cent of the surface area of a potato, or

        • (ii) penetrates the flesh of a potato to a depth of more than 6 mm (1/4 inch);

      • (k) be free from wireworm or grass root holes that

        • (i) exceed two per potato,

        • (ii) individually exceed 13 mm (1/2 inch) in depth or in the aggregate exceed 19 mm (3/4 inch) in depth, or

        • (iii) affect more than 10 per cent of the potatoes in a lot;

      • (l) be free from any of the following types of damage that materially affect the appearance of a potato, namely,

        • (i) enlarged lenticels,

        • (ii) russet scab,

        • (iii) rhizoctonia,

        • (iv) growth cracks, and

        • (v) external discolouration;

      • (m) be free from any of the following types of damage that cannot be removed without the loss of more than five per cent of the weight of a potato, namely,

        • (i) internal discolouration, and

        • (ii) ingrown sprouts;

      • (n) be free from any of the following types of damage that materially affect the appearance of a potato or cannot be removed without the loss of more than five per cent of the weight of a potato, namely,

        • (i) bruises,

        • (ii) air cracks,

        • (iii) pitted scab, and

        • (iv) flea-beetle damage;

      • (o) be free from hollow heart that is discoloured;

      • (p) be free from any damage or defect or combination thereof that materially affects the appearance of a potato, including healed-over flesh, rhizoctonia or silver scurf; and

      • (q) be free from any other damage or defect or combination thereof that

        • (i) affects the edibility or shipping quality of the potatoes, or

        • (ii) affects the flesh of a potato and cannot be removed without the loss of more than five per cent of the weight of the potato.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

    • 90. (1) In this section, “slightly dirty” means

      • (a) there is an appreciable amount of dirt adhering to the potatoes; and

      • (b) where the potatoes are in a container, there is not more than a moderate amount of loose dirt or foreign material in the container.

    • (2) In addition to meeting the standards for all grades set out in section 88, potatoes graded Canada No. 2 shall

      • (a) be not more than slightly dirty;

      • (b) be not seriously pointed, seriously dumb-bell shaped or otherwise seriously deformed;

      • (c) be free from sprouts that at the time of shipping or repacking exceed 13 mm (1/2 inch) in length;

      • (d) have not had their appearance materially affected by the removal of knobs or have had more than two knobs removed;

      • (e) be reasonably firm;

      • (f) have a minimum diameter of 44 mm (1 3/4 inches) and a maximum diameter of 114 mm (4 1/2 inches) or a maximum weight of 510 g (18 ounces) and not less than 75 per cent by weight of the potatoes in the lot shall have a diameter of at least 51 mm (2 inches) or a weight of at least 113 g (4 ounces);

      • (g) be free from blight that

        • (i) is not dry, or

        • (ii) is dry but cannot be removed without the loss of more than five per cent of the weight of a potato;

      • (h) be free from surface scab that affects more than 25 per cent of the surface area of a potato;

      • (i) be free from wireworm or grass root holes that affect the flesh of a potato and cannot be removed without the loss of more than five per cent of the weight of the potato;

      • (j) be free from any of the following types of damage that seriously affect the appearance of a potato, namely,

        • (i) enlarged lenticels,

        • (ii) russet scab,

        • (iii) rhizoctonia,

        • (iv) growth cracks, and

        • (v) external discolouration;

      • (k) be free from any of the following types of damage that cannot be removed without the loss of more than 10 per cent of the weight of a potato, namely,

        • (i) sunburn,

        • (ii) internal discolouration, and

        • (iii) ingrown sprouts;

      • (l) be free from any of the following types of damage that seriously affect the appearance of a potato or cannot be removed without the loss of more than 10 per cent of the weight of the potato, namely,

        • (i) bruises,

        • (ii) air cracks,

        • (iii) pitted scab, and

        • (iv) flea-beetle damage;

      • (m) be free from hollow heart that shows discolouration darker than a light tan colour; and

      • (n) be free from any other damage or defect or a combination thereof that

        • (i) seriously affects the appearance, edibility or shipping quality of the potatoes, or

        • (ii) affects the flesh of a potato and cannot be removed without the loss of more than 10 per cent of the weight of the potato.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

    • 91. (1) In the grading of potatoes into Canada No. 1 grade, the standards set out in sections 88 and 89, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

      • (a) 10 per cent by weight of the potatoes in the lot are affected by sprouts;

      • (b) 10 per cent by weight of the potatoes in the lot have more than 10 per cent of the surface flesh exposed; and

      • (c) 10 per cent by weight of the potatoes in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

        • (i) five per cent that have less than the minimum diameter or weight set out in paragraphs 89(f) and (g),

        • (ii) five per cent which exceed the maximum diameter or weight set out in paragraphs 89(f) and (g),

        • (iii) three per cent of potatoes graded Canada No. 1, and five per cent of potatoes graded Canada No. 1 that are labelled with the diameter designation “70 mm to 114 mm” (2 3/4 inches to 4 1/2 inches) or with the word “Chef” or with the word “Large”, that are affected by hollow heart,

        • (iv) one per cent that are affected by decay, and

        • (v) five per cent that are affected by defects other than those referred to in subparagraphs (i) to (iii) but including that referred to in subparagraph (iv).

    • (2) In the grading of potatoes into Canada No. 2 grade, the standards set out in sections 88 and 90, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

      • (a) 10 per cent by weight of the potatoes in the lot are affected by sprouts; and

      • (b) 15 per cent by weight of the potatoes in the lot have defects other than that referred to in paragraph (a), including not more than

        • (i) five per cent that have less than the minimum diameter or weight set out in paragraph 90(f),

        • (ii) five per cent that exceed the maximum diameter or weight set out in paragraph 90(f),

        • (iii) 10 per cent that are affected by hollow heart,

        • (iv) one per cent that are affected by decay, and

        • (v) five per cent that are affected by defects other than those referred to in subparagraphs (i) to (iii) but including that referred to in subparagraph (iv).

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 26.

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

    • 92. (1) In the grading of potatoes into Canada No. 1 grade, the standards set out in sections 88 and 89, as applicable, are considered to be met in the case of a lot of potatoes inspected at a time other than the time of shipping or repacking if up to

      • (a) 10 per cent by weight of the potatoes in the lot are affected by sprouts;

      • (b) 10 per cent by weight of the potatoes in the lot have more than 10 per cent of the surface flesh exposed; and

      • (c) 15 per cent by weight of the potatoes in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

        • (i) five per cent that have less than the minimum diameter or weight set out in paragraphs 89(f) and (g),

        • (ii) five per cent that exceed the maximum diameter or weight set out in paragraphs 89(f) and (g),

        • (iii) three per cent of potatoes graded Canada No. 1, and five per cent of potatoes graded Canada No. 1 that are labelled with the diameter designation “70 mm to 114 mm” (2 3/4 inches to 4 1/2 inches) or with the word “Chef” or with the word “Large”, that are affected by hollow heart, and

        • (iv) 10% that are affected by defects other than those referred to in subparagraphs (i) to (iii), including not more than

          • (A) 5% that are affected by other permanent defects, and

          • (B) 2% that are affected by decay.

        • (v) [Repealed, SOR/2003-6, s. 27]

    • (2) In the grading of potatoes into Canada No. 2 grade, the standards set out in sections 88 and 90, as applicable, are considered to be met in the case of a lot of potatoes inspected at the time of shipping or repacking if up to

      • (a) 10 per cent by weight of the potatoes in the lot are affected by sprouts;

      • (b) 20 per cent by weight of the potatoes in the lot have defects other than that referred to in paragraph (a), including not more than

        • (i) five per cent that have less than the minimum diameter or weight set out in paragraph 90(f),

        • (ii) five per cent that exceed the maximum diameter or weight set out in paragraph 90(f),

        • (iii) 10 per cent that are affected by hollow heart, and

        • (iv) 10% that are affected by defects other than those referred to in subparagraphs (i) to (iii), including not more than

          • (A) 5% that are affected by other permanent defects, and

          • (B) 2% that are affected by decay.

        • (v) [Repealed, SOR/2003-6, s. 27]

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 27;
    • SOR/2006-221, s. 2(F).
  • 93. [Repealed, SOR/2003-6, s. 28]

Grades and Standards for Rutabagas

Application

  • 94. The grade and the standards set out in sections 95 and 96 apply to rutabaga varieties grown from Brassica napobrassica.

    • SOR/94-718, s. 9.

Grade and Grade Name

  • 95. The grade and grade name for rutabagas is Canada No. 1.

    • SOR/94-718, s. 9.

Standards

  • 96. Subject to the general tolerances set out in sections 97 and 98, rutabagas graded Canada No. 1 shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be firm;

    • (d) be reasonably regular in contour;

    • (e) have a length not more than one and a half times the diameter;

    • (f) be trimmed so that

      • (i) the tops do not exceed 19 mm (3/4 inch) in length and all leafy growth has been removed, and

      • (ii) secondary roots, rootlets and any objectionable part of the root have been removed;

    • (g) be not trimmed

      • (i) on the upper half of the root, or

      • (ii) deeply into the flesh on the lower half of the root so as to alter the general shape of the root or to materially affect the appearance of a rutabaga;

    • (h) where packed in a container, meet the following requirements in respect of diameter, namely,

      • (i) a minimum and maximum diameter as marked on the container or on a label attached thereto,

      • (ii) a minimum diameter of 51 mm (2 inches) and a maximum diameter of 102 mm (4 inches), and have the word “Small” marked on the container or on a label attached thereto,

      • (iii) before September 1 in each crop year, a minimum diameter of 76 mm (3 inches) and a maximum diameter of 140 mm (5 1/2 inches) and, after August 31, a minimum diameter of 89 mm (3 1/2 inches) and a maximum diameter of 140 mm (5 1/2 inches), and have the words “Small Medium” marked on the container or on a label attached thereto,

      • (iv) a minimum diameter of 102 mm (4 inches) and a maximum diameter of 152 mm (6 inches), and have the word “Medium” marked on the container or on a label attached thereto, or

      • (v) a minimum diameter of 130 mm (5 inches) and a maximum diameter of 178 mm (7 inches), and have the word “Large” marked on the container or on a label attached thereto;

    • (i) where packed in a container, not vary by more than 51 mm (2 inches) in diameter, except in the case of “Small Medium” rutabagas packed before September 1 in each crop year;

    • (j) be free from decay;

    • (k) be free from insects and insect larvae;

    • (l) be free from growth cracks that

      • (i) are discoloured,

      • (ii) materially affect the appearance of a rutabaga, or

      • (iii) are greater in depth than

        • (A) 3 mm (1/8 inch), in the case of rutabagas having a diameter from 51 mm (2 inches) to 102 mm (4 inches),

        • (B) 6 mm (1/4 inch), in the case of rutabagas having a diameter greater than 102 mm (4 inches) but not greater than 152 mm (6 inches), or

        • (C) 10 mm (3/8 inch), in the case of rutabagas having a diameter greater than 152 mm (6 inches);

    • (m) be free from any damage or defect, other than the defect referred to in paragraph (l), that affects the appearance of the upper half of a rutabaga;

    • (n) be free from external damage that affects more than 25 per cent of the surface area of the lower half of a rutabaga; and

    • (o) be free from any other damage or defect or combination thereof that

      • (i) materially affects the appearance, edibility or shipping quality of the rutabagas; or

      • (ii) cannot be removed without the loss of more than five per cent of the weight of a rutabaga.

    • SOR/94-718, s. 9.

General Tolerances at the Time of Shipping or Repacking

  • 97. In the grading of rutabagas, the standards set out in section 96 are considered to be met where, in a lot of rutabagas inspected at the time of shipping or repacking, up to

    • (a) 10 per cent by count of the rutabagas in the lot have less than the minimum diameter and none of the rutabagas have a diameter that is more than 13 mm (1/2 inch) less than the minimum diameter as set out in paragraph 96(h);

    • (b) 10 per cent by count of the rutabagas in the lot exceed the maximum diameter and none of the rutabagas exceed the maximum diameter by more than 13 mm (1/2 inch) as set out in paragraph 96(h); and

    • (c) 10 per cent by count of the rutabagas in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than five per cent that are affected by decay.

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 29(E).

General Tolerances at a Time Other Than at the Time of Shipping or Repacking

  • 98. In the grading of rutabagas, the standards set out in section 96 are considered to be met where, in a lot of rutabagas inspected at a time other than at the time of shipping or repacking, up to

    • (a) 10 per cent by count of the rutabagas in the lot have less than the minimum diameter and none of the rutabagas have a diameter that is more than 13 mm (1/2 inch) less than the minimum diameter as set out in paragraph 96(h);

    • (b) 10 per cent by count of the rutabagas in the lot exceed the maximum diameter and none of the rutabagas exceed the maximum diameter by more than 13 mm (1/2 inch) as set out in paragraph 96(h); and

    • (c) 15% by count of the rutabagas in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than

      • (i) 10% that are affected by other permanent defects, and

      • (ii) 7% that are affected by decay.

    • (d[Repealed, SOR/2003-6, s. 30]

    • SOR/94-718, s. 9;
    • SOR/2003-6, s. 30.

Grades and Standards for Field Tomatoes

Application

  • 99. The grades and standards set out in sections 100 to 103 apply to tomato varieties grown from Lycopersicum esculentum that are not grown in artificial conditions under glass or other protective covering, except during the initial stages of growth.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 100. The grades and grade names for field tomatoes are Canada No. 1 and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

    • 101. (1) In this section,

      “firm-ripe”

      “firm-ripe” means

      • (a) a tomato has at least 75 per cent of its surface area of a pink or red colour, and

      • (b) where tomatoes are packed in a container, that

        • (i) not less than 90 per cent by count of the tomatoes in a lot are firm-ripe, and

        • (ii) not more than 10 per cent by count of the tomatoes in a lot are semi-ripe; (fermes et mûres)

      “mature”

      “mature” means

      • (a) a tomato is fully developed, well filled out, gives a feeling of springiness and pliability when pressure is applied, is bright and waxy in appearance, has seeds that are well developed and seed cavities of a jelly-like consistency and has an external colour that shows at least a definite break from a green to a straw ground colour, and

      • (b) where tomatoes are packed in a container, that

        • (i) in the case of tomatoes grown in British Columbia or Manitoba,

          • (A) not less than 75 per cent by count of the tomatoes in a lot are mature, and

          • (B) not more than 25 per cent by count of the tomatoes in a lot are turning, and

        • (ii) in the case of tomatoes grown other than in British Columbia or Manitoba,

          • (A) not less than 90 per cent by count of the tomatoes in a lot are mature, and

          • (B) not more than 10 per cent by count of the tomatoes in a lot are turning; (parvenues à maturité)

      “semi-ripe”

      “semi-ripe” means

      • (a) a tomato has not less than 25 per cent and not more than 75 per cent of its surface area of a pink or red colour, and

      • (b) where tomatoes are packed in a container, that

        • (i) not less than 90 per cent by count of the tomatoes in a lot are semi-ripe, and

        • (ii) not more than 10 per cent by count of the tomatoes in a lot are firm-ripe or turning; (demi-mûres)

      “turning”

      “turning” means

      • (a) a tomato has not more than 25 per cent of its surface area of a pink or red colour, and

      • (b) where tomatoes are packed in a container, that

        • (i) not less than 90 per cent by count of the tomatoes in a lot have the colour described in paragraph (a), and

        • (ii) not more than 10 per cent by count of the tomatoes in a lot are mature or semi-ripe. (mûrissantes)

    • (2) In addition to the standards for each grade and subject to the general tolerances set out in section 104, field tomatoes of all grades shall

      • (a) be properly packed;

      • (b) have similar varietal characteristics;

      • (c) where packed in a container, have reached one of the following stages of development, namely, “mature”, “turning”, “semi-ripe”, or “firm-ripe”;

      • (d) in the case of pear and plum type tomatoes, have a minimum diameter of 32 mm (1 1/4 inches);

      • (e) be sound; and

      • (f) be free from water blisters or open wet cracks.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

    • 102. (1) In this section, “clean” means a tomato is not affected by dirt, dust, spray residue, wax marks or other foreign material and is not contaminated or adulterated.

    • (2) In addition to meeting the standards for all grades set out in section 101, field tomatoes graded Canada No. 1 shall

      • (a) be clean;

      • (b) be not noticeably ridged, angular or indented;

      • (c) be free from puffiness that causes a tomato to be distinctly light in weight;

      • (d) in the case of tomatoes other than the pear and plum types, have

        • (i) a minimum diameter of 51 mm (2 inches) and where packed in a closed container have, with the exception of one tomato, have a maximum variation in diameter of 25 mm (1 inch), or

        • (ii) a minimum diameter of 38 mm (1 1/2 inches) and a maximum diameter of 51 mm (2 inches), where packed in a container on which is marked the size designation “Small” or “38 mm to 51 mm” (1 1/2 inches to 2 inches);

      • (e) be free from disease, scald, bruises or soft areas;

      • (f) be free from growth cracks that are

        • (i) not well healed, or

        • (ii) well healed but exceed in aggregate length

          • (A) 19 mm (3/4 inch) if the cracks are radial from the stem end, and

          • (B) the circumference of a circle 32 mm (1 1/4 inches) in diameter if the cracks are concentric around the stem end;

      • (g) be free from blossom-end scars that are not reasonably smooth or that are greater in diameter than one-quarter of the diameter of the tomato;

      • (h) be free from plant or stem rub that affects an aggregate area per tomato exceeding 13 mm (1/2 inch) in diameter;

      • (i) be free from insect damage that

        • (i) is not well healed, or

        • (ii) is well healed but exceeds two such defects per tomato; and

      • (j) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the tomatoes.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

    • 103. (1) In this section, “clean” has the same meaning as in section 102.

    • (2) In addition to meeting the standards for all grades set out in section 101, field tomatoes graded Canada No. 2 shall

      • (a) be reasonably clean;

      • (b) be not so misshapen or deformed as to seriously affect their appearance;

      • (c) in the case of tomatoes other than the pear and plum types, have a minimum diameter of 44 mm (1 3/4 inches);

      • (d) be free from blossom-end scars that

        • (i) are rough or indented, or

        • (ii) exceed five per cent of the surface area of a tomato; and

      • (e) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the tomatoes.

    • SOR/94-718, s. 9.

General Tolerances

    • 104. (1) In the grading of field tomatoes, the standards set out in sections 102 and 103, as applicable, are considered to be met where

      • (a) up to 10 per cent by count of the field tomatoes in a lot inspected at the time of shipping or repacking have defects, including not more than

        • (i) three per cent that are affected by soft areas, water blisters, open wet cracks or decay, and

        • (ii) five per cent that have the same permanent defect other than a defect referred to in subparagraphs (c)(i) to (iii);

      • (b) up to 10 per cent by count of the field tomatoes in a lot inspected at a time other than at the time of shipping or repacking have permanent defects other than those referred to in subparagraphs (c)(i) to (iii), including not more than five per cent that have the same permanent defect; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the tomatoes in the lot have less than the minimum diameter,

        • (ii) five per cent by count of the tomatoes in the lot exceed the maximum diameter,

        • (iii) 10 per cent of the containers in the lot contain tomatoes that exceed the maximum diameter variation set out in subparagraph 102(2)(d)(i),

        • (iv) in the case of tomatoes grown in British Columbia or Manitoba, 25 per cent by count of the tomatoes in the lot vary in maturity by not more than one degree of maturity, and

        • (v) in the case of tomatoes grown other than in British Columbia or Manitoba, 10 per cent by count of the tomatoes in the lot vary in maturity by not more than one degree of maturity.

    • (2) Condition defects shall apply against the grade of a lot of field tomatoes only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.

Grades and Standards for Greenhouse Tomatoes

Application

    • 105. (1) The grades and standards set out in sections 106 to 110 apply to tomato varieties grown from Lycopersicum esculentum that are grown in artificial conditions under glass or other protective covering.

    • (2) The definitions set out in sections 101 and 102 also apply to greenhouse tomatoes.

    • SOR/94-718, s. 9.

Grades and Grade Names

  • 106. The grades and grade names for greenhouse tomatoes are Canada No. 1, Canada Commercial and Canada No. 2.

    • SOR/94-718, s. 9.

Standards for All Grades

  • 107. In addition to the standards for each grade and subject to the general tolerances set out in section 111, greenhouse tomatoes of all grades shall

    • (a) be properly packed;

    • (b) have similar varietal characteristics;

    • (c) be clean and sound;

    • (d) be free from growth cracks that are not well healed; and

    • (e) where packed in a container, have reached one of the following stages of development, namely, “mature”, “turning”, “semi-ripe”, or “firm-ripe”.

    • SOR/94-718, s. 9.

Canada No. 1 Grade Standards

  • 108. In addition to meeting the standards for all grades set out in section 107, greenhouse tomatoes graded Canada No. 1 shall

    • (a) be uniformly coloured and free from blotchy ripening;

    • (b) be not more than slightly kidney-shaped, lopsided, elongated or angular;

    • (c) be not sharply creased or conspicuously ridged or rough;

    • (d) where packed in a container, with the exception of one tomato, have a maximum variation in diameter of 25 mm (1 inch) in the case of tomatoes having a minimum diameter of 51 mm (2 inches), and a maximum variation in diameter of 13 mm (1/2 inch) in all other cases;

    • (e) have a minimum diameter of

      • (i) 38 mm (1 1/2 inches), or

      • (ii) 73 mm (2 7/8 inches) and shall be marked with the size designation “Extra Large”;

    • (f) be free from disease;

    • (g) be free from growth cracks that are well healed but that exceed in aggregate length one-quarter of the diameter of a tomato, with the exception of growth cracks occurring entirely within 6 mm (1/4 inch) of the stem scar; and

    • (h) be free from any other damage or defect or combination thereof that materially affects the appearance, edibility or shipping quality of the tomatoes.

    • SOR/94-718, s. 9.

Canada Commercial Grade Standards

  • 109. In addition to meeting the standards for all grades set out in section 107, greenhouse tomatoes graded Canada Commercial shall

    • (a) where kidney-shaped, be not so creased, ridged or rough as to affect their shipping quality or to seriously affect their saleability;

    • (b) have a minimum diameter of 63 mm (2 1/2 inches); and

    • (c) in all other respects meet the standards of Canada No. 1 grade.

    • SOR/94-718, s. 9.

Canada No. 2 Grade Standards

  • 110. In addition to meeting the standards for all grades set out in section 107, greenhouse tomatoes graded Canada No. 2 shall

    • (a) be free from blotchy ripening that affects more than

      • (i) 15 per cent of the surface area of a tomato, or

      • (ii) 15 per cent by count of the tomatoes in a lot;

    • (b) be not badly misshapen;

    • (c) have a minimum diameter of 38 mm (1 1/2 inches);

    • (d) be free from growth cracks that are well healed but that

      • (i) extend beyond the shoulder of a tomato, or

      • (ii) exceed in aggregate length one-half the diameter of a tomato; and

    • (e) be free from any other damage or defect or combination thereof that seriously affects the appearance, edibility or shipping quality of the tomatoes.

    • SOR/94-718, s. 9.

General Tolerances

    • 111. (1) In the grading of greenhouse tomatoes, the standards set out in sections 108 to 110, as applicable, are considered to be met where

      • (a) up to five per cent by count of the greenhouse tomatoes in a lot inspected at the time of shipping or repacking have defects, including not more than one per cent that are affected by decay;

      • (b) up to five per cent by count of the greenhouse tomatoes in a lot inspected at a time other than at the time of shipping or repacking have permanent defects; and

      • (c) in either of the cases referred to in paragraphs (a) and (b), up to

        • (i) five per cent by count of the tomatoes in the lot have less than the minimum diameter,

        • (ii) 10 per cent by count of the containers in the lot contain tomatoes that exceed the maximum diameter variation set out in paragraph 108(d), and

        • (iii) 10 per cent by count of the containers in a lot of greenhouse tomatoes graded Canada Commercial contain greenhouse tomatoes that do not meet the requirements for shape of Canada Commercial grade.

    • (2) Condition defects shall apply against the grade of a lot of greenhouse tomatoes only when the lot is inspected at the time of shipping or repacking.

    • SOR/94-718, s. 9.