Collapse to view only § 42.106 - Classifying and recording defects.

§ 42.103 - Purpose and scope.

(a) This subpart outlines the procedure to be used to establish the condition of containers in stationary lots of packaged foods. This subpart shall be used to determine the acceptability of a lot based on specified acceptable quality levels and defects referenced in § 42.104 or any alternative plan which is approved by the Administrator. In addition, any other sampling plan in the tables with a larger first sample size than that indicated by the lot size range may be specified when approved by the Administrator. This subpart or approved alternative plan will be applied when a Government agency or private user of the inspection or grading services requests that filled primary containers or shipping cases, or both, be certified for condition. Unless the request for certification specifically asks that only the primary container or only the shipping case be examined, both containers will be examined.

(b) Unless otherwise specified by the user of service, this subpart will not apply to inspection lots of less than 50 shipping cases or to inspection lots of less than 300 primary containers. When the primary container is the shipping case, the shipping case limit will apply. When the lot size exceeds either the 50 shipping case limit or the 300 primary container limit or both, the provisions of paragraph (a) of this section will apply.

(c) Under certain conditions, special procedures (Skip Lot Sampling and Inspection) may be used to determine the condition of containers in stationary lots of packaged foods. Subpart C sets forth the requirements and procedures for Skip Lot Sampling and Inspection.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971; 41 FR 42639, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further amended at 45 FR 69424, Oct. 21, 1980. Redesignated at 46 FR 63203, Dec. 31, 1981]

§ 42.104 - Sampling plans and defects.

(a) Sampling plans. Sections 42.109 through 42.111 show the number of containers to examine for condition in relation to lot size ranges. The tables provide acceptance (Ac) and rejection (Re) numbers for lot acceptance (or rejection) based on the number, class, and type of defects present in the sample.

(b) Defects. The tables in § 42.112 enumerate and classify defects according to the degree to which the individual defect affects the serviceability, including appearance as well as usability, of the container for its intended purpose. The table in § 42.113 enumerates and classifies defects of the label, marking, or code.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 1981]

§ 42.105 - Basis for selection of sample.

(a) Identification of lot. Selection of proper samples requires sufficient information to identify the lot; such information includes, but is not limited to:

(1) The lot size (see § 42.103 for restriction on small lots);

(2) The type and size of container;

(3) The code marks or other identification marks and the number of containers represented by each mark.

(4) The history of the lot regarding previous inspections; and

(5) The inspection status (normal, tightened, or reduced).

(b) Preliminary scanning. Prior to drawing the sample, the lot should be scanned to determine if any segments or portions are abnormal with respect to wet cases, blown cans, top layer rust, leaking bags, etc. If such segments or portions noted are of any consequence, the lot may be rejected for condition of containers without sampling.

(c) Sample size. Determination of the number of containers to check for condition:

(1) Refer to the table in §§ 42.109 through 42.111 (sampling plans) and find where the lot size (number of individual containers) fits into the column headed “Lot Size Ranges.”

(i) Tables I-A (normal), II-A (tightened), or III-A (reduced), as applicable, will apply to origin inspections, unless the contractor requests that corresponding single sampling plans be used.

(ii) The appropriate double sampling plans in Table I will apply to other than origin inspections, unless the contractor requests that corresponding single sampling plans be used.

(2) Select the appropriate sample size for the corresponding lot size range as indicated in the appropriate column headed “Sample Size.”

(3) Lots rejected for unsatisfactory condition of containers may be subsequently sampled after being reconditioned or reworked. Such lots or resulting portion of a lot may be sampled as a reoffered lot providing the reoffered portion is separately identifiable. When making such inspections, the appropriate sampling plan for tightened inspection shall be used. Except in the case of an appeal inspection, it is not permissible to reinspect a previously rejected lot until it has been reconditioned or reworked.

(d) Sample selection. Select samples from the lot presented in accordance with either of the following two procedures as may be applicable. (A lot offered for inspection will be accepted or rejected in its entirety with either sampling procedure used to select the sample.)

(1) Proportional random sampling. When the number of codes or other identifying marks within the lot and the approximate number of cases or containers per code are known, select sample units at random within each mark and in a number proportionate to the number of containers represented by such mark.

(2) Simple random sampling. When there are no code or other identifying marks, or when the number of codes or identifying marks within the lot and/or approximate number of cases or containers per mark are not known, select sample units at random from the entire lot.

(e) Maximum sample units per case. If the lot is cased, predetermine the number of containers to draw from each sampled case as well as the position within the case. Do not restrict the sampling to the top or bottom layers or to the corners. The best sample is one selected from all the various positions in the shipping case. It is desirable but not mandatory to limit the number of sample units to a single container from any one case. Multiple sample units may be taken from a single case but not in excess of the following plan:

(1) When containers are packed 12 or less to a case, draw a maximum of 6 sample units from any one case; and

(2) When containers are packed more than 12 to a case but not more than 60, draw a maximum of 12 sample units from any one case; and

(3) When containers are packed more than 60 to a case but not more than 250, draw a maximum of 16 sample units from any one case; and

(4) When containers are packed more than 250 in a case, draw a maximum of 24 sample units from any one case.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 1981]

§ 42.106 - Classifying and recording defects.

(a) Classifying defects. Examine each sample unit for the applicable type of defects listed in the table covering the container being inspected in §§ 42.112 and 42.113. Other defects, not specifically listed, shall be classified according to their effect on the intended use of the container.

(1) Related defects are defects on a single container that are related to a single cause. If the initial incident causing one of the defects had not occurred, none of the other related defects on the container would be present. As an example of related defects, a can may be a leaker and the exterior may also be seriously rusted due to the leakage of the contents. In this case, the container is scored only once for these two defects since the rust condition can be attributed to the leak. Score the container according to whichever condition is the most serious. In this example, score as a “leaker” (a critical defect) and not as “pitted rust” (a major defect).

(2) Unrelated defects are defects on a single container that result from separate causes. If the incident that caused one of the defects had not occurred, the other unrelated defects on the container would still be present. As an example of unrelated defects, a can may be seriously rusted, may have a bad dent along the seam, and the label may also be detached from the can because of improper gluing. In this case it is unlikely that any of the three defects exist because of a common cause. Therefore, they are considered unrelated defects and should be scored as three defects.

(3) The lot acceptance portion of this procedure is based on the number of defects per 100 containers. It is necessary to determine if the defects on any one container are “related” defects or “unrelated” defects. A container is scored for the most serious of related defects, and is also scored for each unrelated defect.

(b) Recording defects. Record on a worksheet the number, type, and class (critical, major, or minor) of defects on each sample unit.

(c) Totaling defects. Add the number of defects in each class, then add the number of minor, major, and critical defects to obtain the total defects.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 1981; 78 FR 57035, Sept. 17, 2013]

§ 42.107 - Lot acceptance criteria.

(a) The acceptability of the lot is determined by relating the number and class of defects enumerated on the worksheet to the acceptance and rejection numbers shown in §§ 42.109 through 42.111 for the respective sample size and Acceptable Quality Level (AQL).

(b) Unless otherwise specified, use the following AQL's for the respective class of defects:

Defect class AQL at origin inspection AQL at other than origin inspection Critical0.250.25 Major1.52.5 Total6.510.0

(c) Refer to the appropriate sample size and AQL and compare the number of defects found in the sample with the acceptance (Ac) and rejection (Re) numbers in the sampling plan.

(1) Accept the lot after examining the single sample or first sample of a double sampling plan when all of the following conditions are met:

(i) The number of critical defects does not exceed the applicable acceptance number (Ac) for critical defects, and

(ii) The number of major defects does not exceed the applicable acceptance number (Ac) for major defects, and

(iii) The total number of critical, major, and minor defects does not exceed the applicable acceptance number (Ac) for total defects.

(2) Reject the lot after examining the single sample or first sample of a double sampling plan when any one or more of the following conditions occur:

(i) The number of critical defects equals or exceeds the applicable rejection number (Re) for critical defects, or

(ii) The number of major defects equals or exceeds the applicable rejection number (Re) for major defects, or

(iii) The total number of critical, major, and minor defects equals or exceeds the applicable rejection number (Re) for total defects.

(3) If the lot can neither be accepted nor rejected on the first sample, when a double sampling plan is used, select and examine the prescribed second sample. Accept the lot if the accumulated defects of the first and second sample meet conditions of paragraph (c)(1) of this section, otherwise, reject the lot.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 1981]

§ 42.108 - Normal, tightened, or reduced inspection.

(a) Normal inspection. Sampling plans for normal inspection are those in Tables I and I-A. These plans shall be used except when the history of inspection permits reduced inspection or requires tightened inspection.

(b) Tightened inspection. Sampling plans for tightened inspection are those in Tables II and II-A.

(c) Reduced inspection. Sampling plans for reduced inspection are those in Tables III and III-A.

(d) Switching rules. The normal inspection procedure shall be followed except when conditions in paragraph (d) (1) or (3) of this section are applicable or unless otherwise specified. Application of the following switching rules will be restricted to the inspection of lots for one applicant at a single location (plant, warehouse, etc.), and will be based upon records of original inspections of lots (excluding resubmitted lots) at that same location.

(1) Normal inspection to reduced inspection. When normal inspection is in effect, reduced inspection shall be instituted providing that reduced inspection is considered desirable by the Administrator and further provided that all of the following conditions are satisfied for each class of defect:

(i) The preceding 10 inspection lots (or more, as indicated by the note to Table III-B) which have been inspected within the preceding 6 months have been on normal inspection and none has been rejected on original inspection; and

(ii) The total number of defects in the samples from the preceding 10 inspection lots (or such other number of lots used for condition in paragraph (d)(1)(i) of this section) is equal to or less than the applicable number given in Table III-B. If a double sampling plan is used, all samples inspected should be included, not “first” samples only; and

(2) Reduced inspection to normal inspection. When reduced inspection is in effect, normal inspection shall be reinstituted if any of the following occur:

(i) An inspection lot is rejected on original inspection; or

(ii) Production becomes irregular (delayed or accelerated); or

(iii) Other valid conditions warrant that normal inspection shall be reinstituted.

(3) Normal inspection to tightened inspection. When normal inspection is in effect, tightened inspection shall be instituted when 2 out of 5 consecutive inspection lots have been rejected on original inspection.

(4) Tightened inspection to normal inspection. When tightened inspection is in effect, normal inspection shall be reinstituted when five consecutive inspection lots have been considered acceptable on original inspection.

(e) When the rules require a switch in the inspection status because of one or more classes of defects, all classes of defects shall be inspected under the new inspection criteria. At the option of the user of the service and when approved by the Administrator, such user may elect to remain on normal inspection when qualified for reduced inspection, or on tightened inspection when qualified for normal inspection.

(f) Appeal inspection—(1) Appeal request. Any interested party who is not satisfied with the results of a condition inspection on packaged food containers, as stated on an official certificate, may request an appeal inspection.

(2) How to file an appeal. A request for an appeal inspection may be made orally or in writing. If made orally, written confirmation may be required. The applicant shall clearly state the reasons for requesting the appeal service and a description of the product to be appealed.

(3) When an application for an appeal inspection may be refused. When it appears that: (i) The reasons given in the request are frivolous or not substantial; or (ii) the condition of the containers has undergone a material change since the original inspection; or (iii) the original lot is no longer intact, the applicant's request for the appeal inspection may be refused. In such case, the applicant shall be promptly notified of the reason(s) for such refusal.

(4) Who shall perform the appeal. An appeal inspection shall be performed by a person(s) other than the person who made the inspection being appealed.

(5) Sampling procedures. The sampling plan for an appeal inspection shall be the next larger sampling plan from the plan in the table used in the original inspection.

(6) Appeal certificate. Immediately after an appeal inspection is completed, an appeal certificate shall be issued to show that the original inspection was sustained or was not sustained. Such certificate shall supersede any previously issued certificate for the inspection involved and shall clearly identify the number and date of the superseded certificate. The issuance of the appeal certificate may be withheld until the previously issued certificate and all copies have been returned when such action is deemed necessary to protect the interest of the Government.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 1981]

§ 42.109 - Sampling plans for normal condition of container inspection, Tables I and I-A.

Table I—Single Sampling Plans for Normal Condition of Container Inspection

Code Lot size ranges—
Number of containers
in lot
Type of Plan Acceptable quality levels Origin Inspection Other Than Origin Inspection Sample size 0.25 1.5 6.5 0.25 2.5 10.0 Ac Re Ac Re Ac Re Ac Re Ac Re Ac Re CA6,000 or lessSingle84013491001451314 CB6,001-12,000Single1681256161712782324 CC12,001-36,000Single315238928292313144142 CDOver 36,000Single50034121342433418196263 CESingle80045181964654527289596

Ac = Acceptance number.

Re = Rejection number.

[78 FR 57035, Sept. 17, 2013]

§ 42.110 - Sampling plans for tightened condition of container inspection; Tables II and II-A.

Table II—Single Sampling Plans for Tightened Condition of Container Inspection

Code Lot size ranges—
Number of containers
in lot
Type of Plan Acceptable quality levels Origin Inspection Other Than Origin Inspection Sample Size 0.25 1.5 6.5 0.25 2.5 10.0 Ac Re Ac Re Ac Re Ac Re Ac Re Ac Re CB6,000 or lessSingle1680145111201561617 CC6,001-12,000Single3151267192012892829 CD12,001-36,000Single5002391028292312134243 CEOver 36,000Single80034131442433418196465 CFSingle1,25045192063644526279697
[78 FR 57036, Sept. 17, 2013]

§ 42.111 - Sampling plans for reduced condition of container inspection, Tables III and III-A; and limit number for reduced inspection, Table III-B.

Table III—Single Sampling Plans for Reduced Condition of Container Inspection

Code Lot size ranges—
Number of containers
in lot
Type of Plan Acceptable quality levels Origin inspection Other Than Origin Inspection Sample Size 0.25 1.5 6.5 0.25 2.5 10.0 Ac Re Ac Re Ac Re Ac Re Ac Re Ac Re CAA6,000 or lessSingle29121245122356 CA6,001-36,000Single84123491012451314 CBOver 36,000Single1681256161712782324 CCSingle315238928292313144142

Table III-B—Limit Numbers for Reduced Inspection

Number of sample units from last 10 lots inspected within 6 months Acceptable quality level 0.25 1.5 2.5 6.5 10.0 320-499(*)141424 500-799(*)372540 800-1,24907144268 1,250-1,9990132469110 2,000-3,14922240115181 3,150-4,99943867186293 5,000-7,999763110302472 8,000-12,49914105181491765 12,500-19,999241692907771207

* Denotes that the number of sample units from the last 10 inspection lots is not sufficient for reduced inspection for this AQL. In this instance more than 10 inspection lots may be used for the calculations if; the inspection lots used are the most recent ones in sequence within the last 6 months, they have all been on normal inspection, and none has been rejected on original inspection.

[78 FR 57038, Sept. 17, 2013]

§ 42.112 - Defects of containers: Tables IV, V, VI, VII, VIII, IX, and X.

Table IV—Metal Containers

[Rigid and semi-rigid]

Defects Categories Critical Major Minor Type or size of container or component parts not as specifiedNone permittedClosure incomplete, not located correctly or not sealed, crimped, or fitted properly: (a) Heat processed primary container1 (b) Non-heat processed primary container101 (c) Other than primary container201 Dirty, stained, or smeared container202 Key opening metal containers (when required): (a) Key missing102 (b) Key does not fit tab103 (c) Tab of opening band insufficient to provide accessibility to key104 (d) Improper scoring (band would not be removed in one continuous strip)105 Metal pop-top: (a) Missing or broken pull tab106 (b) Missing or incomplete score line (not conforming to a relevant product specification)107 Flexible pop-top: (a) Poor seal (wrinkle, entrapped matter, etc.)108 (b) Short pull tab (not conforming to a relevant product specification)203 (c) Missing pull tab109 (d) Torn pull tab204 Open top with plastic overcap (when required): (a) Plastic overcap missing110 (b) Plastic overcap warped (making opening or reapplication difficult)111 Outside tinplate or coating (when required): (a) Missing or incomplete205 (b) Blistered, flaked, sagged, or wrinkled206 (c) Scratched or scored207 (d) Fine cracks208 Rust (rust stain confined to the top or bottom double seam or rust that can be removed with a soft cloth is not scored a defect): (a) Rust stain209 (b) Pitted rust112 Wet cans (excluding refrigerated containers)210 Dent: (a) Materially affecting appearance but not usability211 (b) Materially affecting usability113 Buckle: (a) Not involving end seam212 (b) Extending into the end seam114 Collapsed container115 Paneled side materially affecting appearance but not usability213 Solder missing when required116 Cable cut exposing seam117 Improper side seam118 Swell, springer, or flipper (not applicable to gas or pressure packed product nor frozen products)2 Leaker or blown container3 Frozen products only: (a) Bulging ends 3/16-inch to 1/4-inch beyond lip214 (b) Bulging ends more than 1/4-inch beyond lip119 Metal drums: leaking filling seal (bung) swell 14120

1 Defect classification depends on the severity of the defect.

Table V—Composite Containers

[Fiberboard body with metal lids or metal bottoms, plastic or foil top with cap]

Defects Categories Critical Major Minor Type or size of container or component parts not as specifiedNone permittedClosure incomplete, not located correctly or not sealed, crimped, or fitted properly1 Dirty, stained, or smeared container201 Easy open closure: (a) Pull tab: 1. Missing or broken pull tab101 2. Missing or incomplete score line102 (b) Membrane top: 1. Poor seal (wrinkle, entrapped matter, etc.)103 2. Short pull tab104 3. Missing pull tab105 4. Torn pull tab106 (c) Open top with plastic overcap (when required): 1. Plastic overcap missing107 2. Plastic overcap warped (making opening or reapplication difficult)108 Outside tinplate or coating on ends (when required): (a) Missing or incomplete202 (b) Blistered, flaked, sagged, or wrinkled203 (c) Scratched or scored204 (d) Fine cracks205 Collapsed container109 Paneled side materially affecting appearance but not usability206 Leaker2 Wet or damp: (a) Materially affecting appearance but not usability207 (b) Materially affecting usability110 Crushed or torn area: (a) Materially affecting appearance but not usability208 (b) Materially affecting usability111

Table VI—Glass Containers

[Bottles, Jars]

Defects Categories Critical Major Minor Type or size of container or component parts not as specifiedNone permittedClosure not sealed, crimped, or fitted properly: (a) Heat processed1 (b) Non-heat processed101 Dirty, stained, or smeared container201 Chip in glass202 Stone (unmelted material) in glass203 Pits in surface of glass204 Sagging surface205 Bead (bubble within glass): (a) 1/8-inch to 1/16-inch in diameter206 (b) Exceeding 1/8-inch in diameter102 Checked103 Thin spot in glass104 Blister (structural defect)105 Bird swing (glass appendage inside container)2 Broken or leaking container3 Cap (nonheat processed): (a) Cross-threaded207 (b) Loose but not leaking208 (c) Pitted rust106 Cap (heat processed): (a) Cross-threaded or loose4 (b) Pitted rust107 Sealing tape or cello band (when required): (a) Improperly placed209 (b) Not covering juncture of cap and glass108 (c) Ends overlap by less than 1/2-inch109 (d) Loose or deteriorating110 Missing or torn outer safety seal111 Inner safety seal—missing, torn, poor seal112

Table VII—Plastic Containers

[Rigid and Semi-Rigid, Bottles, Jars, Tubs, Trays, Pails, etc.]

Defects Categories Critical Major Minor Type or size of container or component parts not as specifiedNone permittedClosure not sealed, crimped, or fitted properly: (a) Heat processed1 (b) Non-heat processed101 Dirty, stained, or smeared container201 Chip in plastic202 Un-melted gels in plastic203 Pits in surface of plastic204 Sagging surface205 Air bubble within plastic: (a) 1/8-inch to 1/16-inch in diameter206 (b) Exceeding 1/8-inch in diameter102 Checked103 Thin spot in plastic104 Blister (structural defect)105 Broken or leaking container2 Cap (non-heat processed): (a) Cross-threaded207 (b) Loose but not leaking208 Cap (heat processed), cross-threaded or loose3 Security seals: (a) Closure ring missing106 (b) Missing or torn outer safety seal107 (c) Inner safety seal—missing, torn, or poor seal108 (d) Sealing tape or cello band (when required): 1. Improperly placed209 2. Not covering juncture of cap and plastic109 3. Ends overlap by less than 1/2-inch110 4. Loose or deteriorating111

Table VIII—Rigid and Semi-Rigid Containers—Corrugated or Solid Fiberboard, Chipboard, Wood, Paperboard Aseptic Cartons, Polymeric Trays, etc.

[Excluding metal, glass, and plastic]

Defects Categories Critical Major Minor Type or size of container or component parts not as specifiedNone permittedComponent part missing101 Closure not sealed, crimped, or fitted properly: (a) Primary container1 (b) Other than primary container201 Dirty, stained, or smeared container202 Wet or damp (excluding ice packs): (a) Materially affecting appearance but not usability203 (b) Materially affecting usability102 Moldy area2 Crushed or torn area: (a) Materially affecting appearance but not usability204 (b) Materially affecting usability103 Separation of lamination (corrugated fiberboard): (a) Materially affecting appearance but not usability205 (b) Materially affecting usability104 Product sifting or leaking105 Nails or staples (when required): (a) Not as required, insufficient number or improperly positioned206 (b) Nails or staples protruding106 Glue or adhesive (when required); not holding properly, not covering area specified, or not covering sufficient area to hold properly: (a) Primary container107 (b) Other than primary container207 Flap: (a) Projects beyond edge of container more than 1/4-inch208 (b) Does not meet properly, allowing space of more than 1/4-inch209 Sealing tape or strapping (when required): (a) Missing108 (b) Improperly placed or applied210 Missing component (straw, etc.)211 Paperboard Aseptic Cartons: (a) Missing re-sealable cap or tab109 (b) Inner or outer safety seal—missing, torn, poor seal3 Thermostabilized polymeric trays: Tray body: (a) Swollen container4 (b) Tear, crack, hole, abrasion through more than one layer of multi-layer laminate for the tray5 (c) Presence of delamination in multi-layered laminate212 (d) Presence of any permanent deformation, such that deformed area is discolored or roughened in texture213 Lid material: (a) Closure seal not continuous along tray flange surface6 (b) Foldover wrinkle in seal area extends into the closure seal such that the closure seal is reduced to less than 1/8-inch7 (c) Any impression or design on the seal surfaces which conceals or impairs visual detection of seal defects110 (d) Areas of “wave-like” striations or wrinkles along the seal area that spans the entire width of seal214 (e) Abrasion of lid material: 1. Within 1/16-inch of food product edge of seal such that barrier layer is exposed8 2. Greater than 1/16-inch from food product edge of seal that barrier layer is exposed215 (f) Presence of entrapped matter within 1/16-inch of the food product edge of seal or entrapped moisture or vapor with 1/16-inch of the food product edge of seal that results in less than 1/16-inch of defect free seal width at the outside edge9 (g) Presence of any seal defect or anomaly (for example, entrapped moisture, gases, etc.) within 1/16-inch of food product edge of seal111 (h) Closure seal width less than 1/8-inch216

Table IX—Flexible Containers

[Plastic, Cellophane, Paper, Textile, Laminated Multi-Layer Pouch, Bag, etc.]

Defects Categories Critical Major Minor Type or size of container or component parts not as specifiedNone permittedClosure not sealed, crimped, stitched, or fitted properly: (a) Heat processed primary container1 (b) Non-heat processed primary container101 (c) Other than primary container201 Dirty, stained, or smeared container202 Unmelted gels in plastic203 Torn or cut container or abrasion (non-leaker): (a) Materially affecting appearance but not usability204 (b) Materially affecting usability102 Moldy area2 Individual packages sticking together or to shipping case (tear when separated)103 Not fully covering product104 Wet or damp (excluding ice packs): (a) Materially affecting appearance but not usability205 (b) Materially affecting usability105 Over wrap (when required): (a) Missing106 (b) Loose, not sealed, or closed206 (c) Improperly applied207 Sealing tape, strapping, or adhesives (when required): (a) Missing107 (b) Improperly placed, applied, torn, or wrinkled208 Tape over bottom and top closures (when required): (a) Not covering stitching108 (b) Torn (exposing stitching)109 (c) Wrinkled (exposing stitching)110 (d) Not adhering to bag: 1. Exposing stitching111 2. Not exposing stitching209 (e) Improper placement210 Product sifting or leaking: (a) Non-heat processed112 (b) Heat processed3 Flexible pop-top: (a) Poor seal (wrinkle, entrapped matter, etc.) reducing intact seal to less than 1/16-inch4 (b) Short pull tab (materially affecting usability)212 (c) Missing pull tab113 (d) Torn pull tab (materially affecting usability)213 Missing component (straw, etc.)214 Two part container (poly lined box or bag in box): (a) Outer case torn215 (b) Poly liner: 1. Missing5 2. Improper closure114 Missing “zip lock” (re-sealable containers)216 Loss of vacuum (in vacuum-packed)115 Pre-formed containers: (a) Dented or crushed area217 (b) Deformed container218 Missing re-sealable cap116 Inner or outer safety seal—missing, torn, poor seal6 Air bubble in plastic117 Thermostabilized products (includes but not limited to tubes, pouches, etc.): Foldover wrinkle in seal area (thermostabilized pouches): (a) Extends through all plies across seal area or reduces seal less than 1/16-inch7 (b) Does not extend through all plies and effective seal is 1/16-inch or greater219 Incomplete seal (thermostabilized pouches)8 Non-bonding seal (thermostabilized pouches)9 Laminate separation in body of pouch or in seal within 1/16-inch of food product edge: (a) If food contact layer is exposed10 (b) If food contact surface is exposed after manipulation or laminate separation expands after manipulation118 (c) If lamination separation is limited to isolated spots that do not propagate with manipulation or is outer ply separation in seal within 1/16-inch of food product edge of seal220 Flex cracks (cracks in foil layer only)221 Swollen container11 Blister (in seal) reducing intact seal to less than 1/16-inch12 Compressed seal (overheated to bubble or expose inner layer) reducing intact seal to less than 1/16-inch13 Stringy seal (excessive plastic threads showing at edge of seal area)222 Contaminated seal (entrapped matter) reducing intact seal to less than 1/16-inch14 Seal creep (product in pouch “creeping” into seal) reducing intact seal to less than 1/16 inch15 Misaligned or crooked seal reducing intact seal to less than 1/16-inch16 Seal formed greater than 1-inch from edge of pouch (unclosed edge flaps)223 Waffling (embossing on surface from retort racks; not scorable unless severe)224 Poor or missing tear notch (when required)225

Table X—Unitizing

[Plastic or other type of casing/unitizing]

Defects Categories Major Minor Not specified method101 Missing tray (when required)102 Missing shrink wrap (when required)103 Loose or improperly applied wrap201 Torn or mutilated202 Off-center wrap (does not overlap both ends)203
[78 FR 57041, Sept. 17, 2013]

§ 42.113 - Defects of label, marking, or code.

Table XI—Label, Marking, or Code

Defects Categories Major Minor Not specified method101 Missing (when required)102 Loose or improperly applied201 Torn or mutilated202 Torn or scratched, obliterating any markings on the label103 Text illegible or incomplete203 Incorrect104 In wrong location204
[78 FR 57046, Sept. 17, 2013]

§ 42.114 - Procedures for evaluating interior container defects.

(a) Sections 42.101-42.136 provide procedures for determining lot conformance with the U.S. Standards for Condition of Food Containers. This determination is based on the examination of the external characteristics of the food containers.

(b) As an option, if a user of the inspection service requests to have the interior characteristics of containers examined, and apply these results in the determination of lot acceptability, the defects listed in Table XII may be used.

(c) The determination of lot acceptability based on internal container defects shall be independent of the determination of lot acceptability for U.S. Standards for Condition of Food Containers. A user of the inspection service may choose to require inspection for internal can defects as well as inspection for U.S. Standards for Condition of Food Containers.

(d) If a user of the inspection service requests an examination for internal container defects in addition to an official USDA/USDC inspection for product quality and/or U.S. grade, the containers opened by the official inspection service for inspection of product quality and/or U.S. grade will be used for examination of interior container defects. The minimum sample size for evaluation of interior container defects will be 13 containers. As a result, additional containers will be required if the inspection for quality or U.S. grade calls for fewer than 13 containers. Table XIII provides acceptance numbers for internal container defects for selected sample sizes.

Table XII—Interior Container Defects

Defects Categories Major Minor De-tinning in metal container materially affecting usability101 De-tinning in metal container not materially affecting usability201 Black spots in metal container202 Enamel missing (when required) in metal container102 Enamel breakdown in metal container material affecting usability103 Enamel breakdown in metal container material not affecting usability203 Other defect(s) of the interior of the container (metal, plastic, paper, rigid, etc.) e.g., interior damage, tear, delamination, missing layer, off-odor, interior blisters, etc. that materially affects usability104 Defect(s) of the interior of the container (metal, plastic, paper, rigid, etc.) e.g., interior damage, tear, delamination, missing layer, off-odor, interior blisters, etc. that materially affects appearance but not usability204

Table XIII—Acceptance Numbers for Internal Container Defects

Sample Size (n = number of containers) Major Total Interior Defects Interior Defects Ac Re Ac Re n—130123 n—211234 n—291245 n—382356 n—482367 n—602378
[78 FR 57046, Sept. 17, 2013]