StacksVerified U.S. regulatory reference

7 CFR §51.1861

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
  1. (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,
    1. (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:
      1. (i)Five percent for tomatoes which are soft or affected by decay;
      2. (ii)Ten percent for tomatoes which are damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,
      3. (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.
  2. (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,
    1. (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:
      1. (i)Five percent for tomatoes which are soft or affected by decay;
      2. (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,
      3. (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.
  3. (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,
    1. (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:
      1. (i)Five percent for tomatoes which are soft or affected by decay;
      2. (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,
      3. (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.
  4. (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,
    1. (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:
      1. (i)Five percent for tomatoes which are soft or affected by decay;
      2. (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,
      3. (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.
  5. (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.
  6. (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.