(a) Minimum quality requirements. On or after August 1, 1996, any handler may use processed olives of the respective variety group in the production of limited use styles of canned ripe olives if such olives were processed after July 31, 1996, and meet the minimum quality requirements specified in §932.52(a)(1) as modified by §932.149.

(b) Sizes. On and after August 1, 1996, any handler may use processed olives in the production of limited-use styles of canned ripe olives if such olives were harvested after August 1, 1996, and meet the following requirements:

(1) The processed olives shall be identified and kept separate and apart from any olives harvested before August 1, 1996.

(2) Variety Group 1 olives, except the Ascolano, Barouni, or St. Agostino varieties, shall be of a size which individually weigh at least 1⁄105 pound: Provided, That no more than 35 percent of the olives in any lot or sublot may be smaller than 1⁄105 pound.

(3) Variety Group 1 olives of the Ascolano, Barouni, or St. Agostino varieties shall be of a size which individually weigh at least 1⁄180 pound: Provided, That no more than 35 percent of the olives in any lot or sublot may be smaller than 1⁄180 pound.

(4) Variety Group 2 olives, except the Obliza variety, shall be of a size which individually weigh at least 1⁄205 pound: Provided, That not to exceed 35 percent of the olives in any lot or sublot may be smaller than 1⁄205 pound.

(5) Variety Group 2 olives of the Obliza variety shall be of a size which individually weigh at least 1⁄180 pound: Provided, That not to exceed 35 percent of the olives in any lot or sublot may be smaller than 1⁄180 pound.

[61 FR 40510, Aug. 5, 1996, as amended at 62 FR 1244, Jan. 9, 1997]