“U.S. No. 1” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

(1) Similar varietal characteristics;

(2) Mature;

(3) Not overripe or soft;

(4) Clean;

(5) Well developed;

(6) Fairly well formed; and,

(7) Fairly smooth.

(b) Free from:

(1) Decay;

(2) Freezing injury; and

(3) Sunscald.

(c) Not damaged by any other cause.

(d) For tolerances see § 51.1861.

“U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 tomatoes: Provided, That at least 60 percent, by count, meet the requirements of U.S. No. 1 grade.

(a) For tolerances see § 51.1861.

“U.S. No. 2” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

(1) Similar varietal characteristics;

(2) Mature;

(3) Not overripe or soft;

(4) Clean;

(5) Well developed;

(6) Reasonably well formed; and,

(7) Not more than slightly rough.

(b) Free from:

(1) Decay;

(2) Freezing injury; and,

(3) Sunscald.

(c) Not seriously damaged by any other cause.

(d) For tolerances see § 51.1861.

“U.S. No. 3” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

(1) Similar varietal characteristics;

(2) Mature;

(3) Not overripe or soft;

(4) Clean;

(5) Well developed; and,

(6) May be mishapen.

(b) Free from:

(1) Decay; and,

(2) Freezing injury.

(c) Not seriously damaged by:

(1) Sunscald.

(d) Not very seriously damaged by any other cause.

(e) For tolerances see § 51.1861.

(a) The size of tomatoes packed in any standard type shipping container shall be specified and marked according to one of the size designations set forth in Table I. Individual containers shall not be marked with more than one size designation. Consumer packages and their master container are exempt; however, if they are marked, the same requirements would apply.

(1) When containers are marked in accordance with Table I, the markings on at least 85 percent of the containers in a lot must be legible.

(2) In determining compliance with the size designations, the measurement for minimum diameter shall be the largest diameter of the tomato measured at right angles to a line from the stem end to the blossom end. The measurement for maximum diameter shall be the smallest dimension of the tomato determined by passing the tomato through a round opening in any position.

(b) In lieu of marking containers in accordance with paragraph (a) of this section or specifying size in accordance with the dimensions defined in Table I, for Cerasiforme type tomatoes commonly referred to as cherry tomatoes and Pyriforme type tomatoes commonly referred to as pear shaped tomatoes, and other similar types, size may be specified in terms of minimum diameter or minimum and maximum diameter expressed in whole inches, and not less than thirty-second inch fractions thereof, or millimeters in accordance with the facts.

(1) Tomatoes of these types are exempt from marking requirements. However, when marked to a minimum or minimum and maximum diameter, the markings on at least 85 percent of the containers in a lot must be legible.

(c) For tolerances see § 51.1861.

(a) The following terms may be used, when specified in connection with the grade statement, in describing the color as an indication of the stage of ripeness of any lot of mature tomatoes of a red fleshed variety:

(1) Green. “Green” means that the surface of the tomato is completely green in color. The shade of green color may vary from light to dark;

(2) Breakers. “Breakers” means that there is a definite break in color from green to tannish-yellow, pink or red on not more than 10 percent of the surface;

(3) Turning. “Turning” means that more than 10 percent but not more than 30 percent of the surface, in the aggregate, shows a definite change in color from green to tannish-yellow, pink, red, or a combination thereof;

(4) Pink. “Pink” means that more than 30 percent but not more than 60 percent of the surface, in the aggregate, shows pink or red color;

(5) Light red. “Light red” means that more than 60 percent of the surface, in the aggregate, shows pinkish-red or red: Provided, That not more than 90 percent of the surface is red color; and,

(6) Red. “Red” means that more than 90 percent of the surface, in the aggregate, shows red color.

(b) Any lot of tomatoes which does not meet the requirements of any of the above color designations may be designated as “Mixed Color”.

(c) For tolerances see § 51.1861.

(d) Tomato color standards U.S.D.A. Visual Aid TM—L—1 consists of a chart containing twelve color photographs illustrating the color classification requirements, as set forth in this section. This visual aid may be examined in the Fruit and Vegetable Division, AMS, U.S. Department of Agriculture, South Building, Washington, D.C. 20250; in any field office of the Fresh Fruit and Vegetable Inspection Service; or upon request of any authorized inspector of such Service. Duplicates of this visual aid may be purchased from The John Henry Co., Post Office Box 1410, Lansing, Michigan 48904.

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

(a) U.S. No. 1—(1) For defects at shipping point. 2 Ten percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and,

(2) For defects en route or at destination. Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) Five percent for tomatoes which are soft or affected by decay;

(ii) Ten percent for tomatoes which are damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,

(iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(b) U.S. Combination—(1) For defects at shipping point. 2 Ten percent for tomatoes in any lot which fail to meet the requirements of the U.S. No. 2 grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including 1 percent for tomatoes which are soft or affected by decay; and,

(2) For defects en route or at destination. Fifteen percent for tomatoes in any lot which fail to meet the requirements of the U.S. No. 2 grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) Five percent for tomatoes which are soft or affected by decay;

(ii) Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,

(iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(c) U.S. No. 2—(1) For defects at shipping point. 2 Ten percent for tomatoes in any lot which fail to meet the requirements of this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and,

(2) For defects en route or at destination. Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) Five percent for tomatoes which are soft or affected by decay;

(ii) Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,

(iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(d) U.S. No. 3—(1) For defects at shipping point. 2 Ten percent for tomatoes in any lot which fail to meet the requirements of this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for tomatoes which are very seriously damaged by insects and not more than one-tenth of the tolerance, or 1 percent, for tomatoes which are soft or affected by decay; and,

(2) For defects en route or at destination. Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) Five percent for tomatoes which are soft or affected by decay;

(ii) Ten percent for tomatoes which are very seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,

(iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by insects.

(e) For off size. Ten percent for tomatoes in any lot which are smaller than the specified minimum diameter, or larger than the specified maximum diameter.

(f) For off color. Ten percent for tomatoes in any lot which fail to meet the color specified, including therein not more than 5 percent for tomatoes which are green in color, when any term other than “Green” is specified.

The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations:

(a) For packages which contain more than 5 pounds (2.27 kg), and a tolerance of 10 percent or more is provided, individual packages shall have not more than 1 1/2 times the tolerance specified, and for a tolerance of less than 10 percent individual packages shall have not more than double the tolerance specified, except that at least one defective and one off size specimen may be allowed in any package: Provided, That the averages for the entire lot are within the tolerances specified for the grade; and,

(b) For packages which contain 5 pounds (2.27 kg) or less individual packages shall have not more than 4 times the tolerance specified, except that at least one tomato which is soft, or affected by decay, and one off-size specimen may be permitted in any package: Provided, That the averages for the entire lot are within the tolerances specified for the grade.

(a) When packages are marked to a net weight of 15 pounds (6.80 kg) or more, the net weight of the contents shall not be less than the designated net weight and shall not exceed the designated weight by more than 2 pounds (0.91 kg).

(b) In order to allow for variations incident to proper sizing, not more than 15 percent, by count, of the packages in any lot may fail to meet the requirements for standard weight.

Similar varietal characteristics means that the tomatoes are alike as to firmness of flesh and shade of color (for example, soft-fleshed, early maturing varieties are not mixed with firm-fleshed, midseason or late varieties, or bright red varieties mixed with varieties having a purplish tinge).

Mature means that the tomato has reached the stage of development which will insure a proper completion of the ripening process, and that the contents of two or more seed cavities have developed a jelly-like consistency and the seeds are well developed.

Soft means that the tomato yields readily to slight pressure.

Clean means that the tomato is practically free from dirt or other foreign material.

Well developed means that the tomatoe shows normal growth. Tomatoes which are ridged and peaked at the stem end, contain dry tissue, and usually contain open spaces below the level of the stem scar, are not considered well developed.

Fairly well formed means that the tomato is not more than moderately kidney-shaped, lop-sided, elongated, angular, or otherwise moderately deformed.

Fairly smooth means that the tomato is not conspicuously ridged or rough.

Damage means any specific defect described in § 51.1877, table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the tomato.

Reasonably well formed means that the tomato is not decidedly kidney-shaped, lop-sided, elongated, angular, or otherwise decidedly deformed.

Slightly rough means that the tomato is not decidedly ridged or grooved.

Serious damage means any specific defect described in § 51.1877, table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the tomato.

Misshapen means that the tomato is decidedly kidney-shaped, lop-sided, elongated, angular or otherwise decidedly deformed: Provided, That the shape is not affected to an extent that the appearance or the edible quality of the tomato is very seriously affected.

Very serious damage means any specific defect described in § 51.1877, Table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the tomato.