Canadian Grade Compendium: Volume 2 – Fresh Fruit or Vegetables

Fresh Fruit or Vegetable Grades and Requirements

Interpretation

1. The following definition apply in this Volume,

"aggregate area" means an area equivalent to the area of a circle of the diameter specified. (superficie globale)

"condition defect" means any defect that may develop in fresh fruit or vegetables during storage or transit. (défaut d'état)

"decay" means soft, mushy or leaking breakdown of the tissue, from any cause, and commonly known as "soft rot". (pourriture)

"diameter" means the greatest width at right angles to the longitudinal axis. (diamètre)

"miniature vegetable" means a variety of vegetable developed through plant breeding to not exceed a small size when mature but does not include immature or undersize specimens of non-miniature vegetable varieties. (mini-légume)

"permanent defect" means any defect of an unchangeable nature. (défaut permanent)

"properly packaged", in respect of prepackaged fresh fruit or vegetables, means that

• (a) the fresh fruit or vegetables are packaged in a manner that is not likely to result in damage to the fresh fruit or vegetables during handling or transport, and
• (b) the container contains not less than the net quantity of fresh fruit or vegetables declared on the label. (convenablement emballés)

General

2. The grade names and grade requirements for fresh fruit or vegetables are set out in Part 1 Grades Requirements for Fresh Fruit and Part 2 Grade Requirements for Fresh Vegetables (See Volume 9 Import Grade Requirements for grade names used for imported fresh fruit or vegetables).

3. The grade names and grade requirements, referred to in section 2, do not apply to miniature vegetables, except in the case of miniature cucumbers.

Part 1 Grade Requirements for Fresh Fruit

Interpretation

4. The following definitions apply in this Part.

"clean" means the fruit is not contaminated and is free from dirt, dust, spray residue, wax marks or other foreign material. (propre)

"fairly clean" means the fruit is not contaminated and is fairly free from dirt, dust, spray residue, wax marks or other foreign material. (passablement propre)

"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" means the fruit shows no evidence of rough handling or of having been on the ground. (cueilli à la main)

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

"miniature apple" means a variety of apple developed through plant breeding to not exceed 51 mm (2 inches) when mature but does not include immature or undersize specimens of non-miniature apple varieties. (mini-pomme)

"reasonably clean" means the fruit is not contaminated and is reasonably free from dirt, dust, spray residue, wax marks or other foreign material. (raisonnablement propre)

"sound" means that, at the time of shipping or repackaging, 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" 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" means the fruit is of the shape characteristic of the variety when mature. (bien formé)

Grades and Requirements for Apples

Application

5. The grades and requirements set out in sections 6 to 18 apply to apples of varieties grown from Malus domestica or Malus communis, except for miniature apples, such as Lady apples, of a diameter of 51 mm (2 inches) or less.

Grades and Grade Names

6. 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.

Requirements for All Grades

7. (1) In this section, "sized" means that the apples

• (a) have a minimum diameter of 60 mm (2 ⅜ inches);
• (b) in the case of tiered apples, are packaged 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 package, 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 (¼ inch) in any one package; or
• (c) in the case of untiered apples, are packaged in accordance with one of the following diameter size ranges, namely,
  • (i) 60 mm (2 ⅜ inches) to 63 mm (2 ½ inches),
  • (ii) 60 mm (2 ⅜ inches) to 70 mm (2 ¾ inches),
  • (iii) 60 mm (2 ⅜ inches) and up,
  • (iv) 63 mm (2 ½ inches) to 70 mm (2 ¾ inches),
  • (v) 63 mm (2 ½ inches) to 76 mm (3 inches),
  • (vi) 63 mm (2 ½ inches) and up,
  • (vii) 70 mm (2 ¾ inches) to 76 mm (3 inches),
  • (viii) 70 mm (2 ¾ inches) and up, or
  • (ix) 76 mm (3 inches) and up.

(2) In addition to the requirements for each grade and subject to the general tolerances set out in subsections 19(1) and 19(3), apples of all grades, other than Canada Commercial Cookers, Canada No. 1 Peelers and Canada No. 2 Peelers must

• (a) be properly packaged;
• (b) be hand-picked, of one variety and sized;
• (c) be mature, clean and sound;
• (d) meet the colour requirements set out in section 16;
• (e) have the colour intensity set out in section 17;
• (f) be free from bruises that are soft;
• (g) be free from skin punctures that exceed the tolerances set out in Columns 2 and 3 of an item of the Table of Tolerances for Skin Punctures in Apples in Trays or Cells or the Table of Tolerances for Skin Punctures in Apples in Retail Bulk Displays or in Containers Other Than Trays or Cells to section 18 for the grade set out in Column 1 of that item and the type of package or display set out in the title of one of the tables;
• (h) be free from limb rub that is soft;
• (i) when the apples, with the exception of apples of the Fuji variety, 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.

(3) In addition to the requirements for each grade, untiered apples of all grades must have the diameter size range of the apples as set out in paragraph (1)(c) shown on the container's label unless the container

• (a) is transparent;
• (b) is an open basket having a capacity of 12.5 L or less; or
• (c) contains apples of Canada Commercial Cookers grade.

Canada Extra Fancy Grade Requirements

8. (1) In addition to meeting the requirements for all grades set out in section 7, apples graded Canada Extra Fancy must

• (a) be smooth and well formed;
• (b) be free from bruises that
  • (i) individually exceed 19 mm (¾ 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 (⅛ inch) in diameter, or
  • (iv) affects an aggregate area per apple exceeding 6 mm (¼ 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 (½ 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 (¼ 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 (¼ inch) in diameter,
    • (B) slightly rough and affects an aggregate area per apple exceeding 13 mm (½ inch) in diameter,
    • (C) smooth and solid and in the aggregate affects more than 5% of the surface area of an apple, or
    • (D) smooth and net-like and in the aggregate affects more than 10% of the surface area of an apple;
• (f) be free from scab, including pinpoint scab;
• (g) when the apples are sold before January 1 following the year in which they were harvested, be free from storage scald;
• (h) when 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% of the surface area of an apple, or
  • (ii) 10%, 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 (½ 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 5%, 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 of damage and defects that affects the appearance, edibility or shipping quality of the apples.

(2) Despite paragraph 7(2)(b), apples of different varieties packaged in approximately equal proportions in packages not exceeding a capacity of 20 kg (44 lb) and labelled with the words "Gift Pack", "Combination Pack" or "Variety Pack", that in all other respects meet the requirements for Canada Extra Fancy grade, may be designated as Canada Extra Fancy.

Canada Fancy Grade Requirements

9. In addition to meeting the requirements for all grades set out in section 7, apples graded Canada Fancy must

• (a) be smooth and fairly well formed;
• (b) be free from bruises that
  • (i) individually exceed 19 mm (¾ 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 (½ 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 (½ 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 (¼ inch) in diameter,
    • (B) slightly rough and affects an aggregate area per apple exceeding 13 mm (½ inch) in diameter,
    • (C) smooth and solid and in the aggregate affects more than 10% of the surface area of an apple, or
    • (D) smooth and net-like and in the aggregate affects more than 25% 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 (¼ inch) in diameter;
• (h) be free from storage scald that affects more than
  • (i) 15% of the surface of an apple, or
  • (ii) 15%, 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 (¼ inch) in diameter,
  • (iii) three or more insect punctures or stings per apple or any insect punctures or stings that exceed 10 mm (⅜ inch) in depth or 3 mm (⅛ inch) in diameter, inclusive of any encircling discoloured ring,
  • (iv) apple maggot punctures or stings that affect more than 5%, 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 5%, 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 of damage and defects that materially affects the appearance, edibility or shipping quality of the apples.

10. Despite paragraph 7(2)(b), apples of different varieties packaged in approximately equal proportions in packages not exceeding a capacity of 20 kg (44 lb) and labelled with the words "Gift Pack", "Combination Pack" or "Variety Pack", that in all other respects meet the requirements for Canada Fancy grade, may be designated as Canada Fancy.

Canada Commercial Grade Requirements

11. (1) In addition to meeting the requirements for all grades set out in section 7, apples graded Canada Commercial must

• (a) be free from bruises that affect an aggregate area per apple exceeding 38 mm (1 ½ 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 (¾ 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 (¼ 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 5% 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 (¾ inch) in diameter;
• (f) be free from storage scald that affects more than 25% 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% 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 (½ 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 5% 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 (⅜ inch) in depth or 3 mm (⅛ inch) in diameter, inclusive of any encircling discoloured ring,
  • (vi) apple maggot punctures or stings that affect more than 25%, 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 of damage and defects 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".

Canada Hailed Grade Requirements

12. In addition to meeting the requirements for all grades set out in section 7, apples graded Canada Hailed must

• (a) meet the requirements of Canada Commercial grade except those set out in paragraph 11(1)(b);
• (b) have not less than the amount of colour required for Canada Fancy grade as set out in section 16; 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 ½ 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 (⅜ inch) in diameter or affects an aggregate area per apple exceeding 25 mm (1 inch) in diameter, or
  • (iv) exceeds 6 mm (¼ inch) in depth.

Canada Commercial Cookers Grade Requirements

13. Subject to the general tolerances set out in subsections 19(1) and 19(3), apples graded Canada Commercial Cookers must

• (a) meet the requirements of Canada Commercial grade, except those set out in paragraphs 7(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 ½ inches) in the case of apples of the Northern Spy variety and a minimum diameter of 57 mm (2 ¼ inches) in the case of apples of other varieties.

Canada No. 1 Peelers Grade Requirements

14. Subject to the general tolerances set out in subsections 19(2) and 19(3), apples graded Canada No. 1 Peelers must

• (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 ¼ inches);
• (d) be free from insect larvae; and
• (e) be free from any damage or defect or combination of damage and defects that would cause a loss of more than 5%, by weight, of an apple above that which would normally be lost in commercial preparation.

Canada No. 2 Peelers Grade Requirements

15. Subject to the general tolerances set out in subsections 19(2) and 19(3), apples graded Canada No. 2 Peelers must

• (a) be of one variety;
• (b) be reasonably clean, mature and sound;
• (c) have a minimum diameter of 57 mm (2 ¼ inches);
• (d) be free from insect larvae; and
• (e) be free from any damage or defect or combination of damage and defects that would cause a loss of more than 20%, by weight, of an apple above that which would normally be lost in commercial preparation.

Colour Requirements for Apples

16. Apples graded Canada Extra Fancy, Canada Fancy and Canada Commercial must

• (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 item 1 or 2 of columns 2, 3, or 4 of the Table of Colour Requirements for Major Apple Varieties to this section;
• (b) in the case of red cheeked or blush varieties, have the minimum shade of colour described in item 3 of columns 2, 3, or 4 of the Table of Colour Requirements for Major Apple Varieties to this section; and
• (c) in the case of green, yellow or russet varieties, have the colour described in the item 4 of columns 2, 3, or 4 of the Table of Colour Requirements for Major Apple Varieties to this section.

17. The colour intensity, measured with a colorimeter, in varieties of apples, indicated in column 1 for Canada Extra Fancy, Canada Fancy and Canada Commercial grades must be as set out in an item of column 2, 3, or 4 of the Table of Colour Readings for Major Apple Varieties to this section.

Tolerances for Skin Punctures

18. The tolerances for skin punctures in varieties of apples for Canada Extra Fancy, Canada Fancy and Canada Commercial grades set out in column 1, are as set out in columns 2 and 3 of the Table of Tolerances for Skin Punctures in Apples in Trays or Cells or of the Table of Tolerances for Skin Punctures in Apples in Retail Bulk Displays or in Containers Other Than Trays or Cells to this section.

General Tolerances

19. (1) In the grading of apples into Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Hailed and Canada Commercial Cookers grades, the requirements set out in sections 7 to 13, 16 and 18, as applicable, are considered to be met in the case of a lot of apples when not more than

• (a) 5%, by count, of the apples in the lot have a diameter that is less than 60 mm (2 ⅜ inches), or less than the minimum diameter set out in subparagraphs 7(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 7(1)(c), corresponding to the applicable size range;
• (c) in the case of a lot of tiered apples, 10% of the packages contain more than 10%, by count, of apples that exceed the maximum diameter variation set out in paragraph 7(1)(b);
• (d) in the case of apples graded Canada Extra Fancy, 5%, by count, of the apples in the lot are fairly well formed;
• (e) in the case of a lot of apples inspected at the time of shipping or repackaging, 10%, 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) 2% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay; and
• (f) in the case of a lot of apples inspected at a time other than at the time of shipping or repackaging, 10%, by count, of the apples in the lot have permanent defects other than those referred to in paragraphs (a) to (d), including not more than 5% that have the same permanent defect.

(2) In the grading of apples into Canada No. 1 Peelers and Canada No. 2 Peelers grades, the requirements set out in sections 14 and 15, as applicable, are considered to be met when

• (a) in the case of a lot of peeler apples inspected at the time of shipping or repackaging, not more than
  • (i) 5%, by count or by weight, of the apples in the lot are affected by bitter-pit;
  • (ii) in the case of apples graded Canada No. 1 Peelers, 7%, by count or by weight, of the apples in the lot are affected by defects other than bitter-pit; and
  • (iii) in the case of apples graded Canada No. 2 Peelers, 10%, by count or by weight, of the apples in the lot are affected by defects other than bitter-pit.
• (b) in the case of peeler apples inspected at a time other than the time of shipping or repackaging, not more than
  • (i) 7%, by count or by weight, of the apples in the lot are affected by permanent defects, in the case of apples graded Canada No. 1 Peelers; and
  • (ii) 10%, by count or by weight, of the apples in the lot are affected by permanent defects, in the case of apples graded Canada No. 2 Peelers.

(3) Condition defects apply against the grade of a lot of apples only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Apricots

Application

20. The grades and requirements set out in sections 21 to 25 apply to apricots of varieties grown from Prunus armeniaca.

Grades and Grade Names

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

Requirements for All Grades

22. In addition to the requirements for each grade and subject to the general tolerances set out in section 26, apricots of all grades must

• (a) be properly packaged;
• (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 (½ inch) in diameter;
• (e) be free from skin breaks or tears at the stem if
  • (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 (⅛ inch) in depth or affects an aggregate area per apricot exceeding 6 mm (¼ 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.

Canada No. 1 Grade Requirements

23. (1) In this section, "of good size", with respect to apricots in a lot, means that not less than 90%, 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 requirements for all grades set out in section 22, apricots graded Canada No. 1 must

• (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 (¼ inch) in diameter;
• (e) be free from skin checks that exceed 3 mm (⅛ inch) in depth or affect an aggregate area per apricot exceeding 6 mm (¼ 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 (½ 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 (¼ 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 of damage and defects that affects the appearance, edibility or shipping quality of the apricots.

Canada Domestic Grade Requirements

24. (1) In this section, "of fair size", with respect to apricots in a lot, means that not less than 65%, 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 requirements for all grades set out in section 22, apricots graded Canada Domestic must

• (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 (¾ inch) in diameter;
• (e) be free from skin checks that affect an aggregate area per apricot exceeding 6 mm (¼ 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 (¾ inch) in diameter;
• (g) be free from coryneum blight that affects an aggregate area per apricot exceeding 6 mm (¼ 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 of damage and defects that seriously affects the appearance, edibility or shipping quality of the apricots.

Canada Hailed Grade Requirements

25. In addition to meeting the requirements for all grades set out in section 22, apricots graded Canada Hailed must

• (a) meet the requirements of Canada Domestic grade except those set out in paragraph 24(2)(d);
• (b) be free from hail marks exceeding 10 mm (⅜ inch) in diameter or 3 mm (⅛ 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.

General Tolerances

26. (1) In the grading of apricots, the requirements set out in sections 23 to 25, as applicable, are considered to be met when not more than 10%, 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 repackaging, not more than
  • (i) 3% that are affected by decay, and
  • (ii) 5% 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 repackaging, not more than 5% that have the same permanent defect.

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

Grades and Requirements for Blueberries

Application

27. The grade and the requirements set out in sections 28 and 29 apply to blueberries of varieties grown from Vaccinium angustifolium, Vaccinium corymbosium or Vaccinium myrtilloides.

Grade and Grade Name

28. (1) The grade and grade name for blueberries is Canada No. 1.

(2) If the grade and grade name set out in subsection (1) are used, the blueberries must conform to the requirements set out in section 29.

Canada No. 1 Grade Requirements

29. (1) The following definitions apply in this section.

"fairly uniform in size" means that the blueberries in any one package do not vary sufficiently in size to materially affect their general appearance. (d'une grosseur passablement uniforme)

"well coloured" means that not less than 90% 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 30, blueberries graded Canada No. 1 must

• (a) be properly packaged;
• (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 of damage and defects that materially affects the appearance, edibility or shipping quality of the blueberries.

General Tolerances

30. (1) In the grading of blueberries, the requirements set out in section 29 are considered to be met when not more than 3% 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 repackaging, not more than
  • (i) 1% that are affected by decay, and
  • (ii) 1% 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 repackaging, not more than 1% of the weight of the blueberries that is attributable to foreign material.

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

Grades and Requirements for Cantaloups

Application

31. The grade and the requirements set out in sections 32 and 33 apply to cantaloups of varieties grown from Cucumis melo var. cantalupensis.

Grade and Grade Name

32. (1) The grade and grade name for cantaloups is Canada No. 1.

(2) If the grade and grade name set out in subsection (1) are used, the cantaloups must conform to the requirements set out in section 33.

Canada No. 1 Grade Requirements

33. Subject to the general tolerances set out in section 34, cantaloups graded Canada No. 1 must

• (a) be properly packaged;
• (b) be of one variety, well-formed and well netted for the variety;
• (c) be fairly clean, mature and sound;
• (d) not vary in diameter within each package by more than 38 mm (1 ½ 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 of damage and defects that affects the appearance, edibility or shipping quality of the cantaloups.

General Tolerances

34. (1) In the grading of cantaloups, the requirements set out in section 33 are considered to be met when

• (a) not more than 10%, by count, of the cantaloups in a lot inspected at the time of shipping or repackaging have defects, including not more than
  • (i) 3% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10% by count of the cantaloups in a lot inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than 10% of the packages in the lot contain cantaloups that exceed the maximum diameter variation set out in paragraph 33(d).

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

Grades and Requirements for Cherries

Application

35. The grades and requirements set out in sections 36 to 40 apply to cherries of varieties grown from Prunus avium or Prunus cerasus and their hybrids.

Grades and Grade Names

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

Requirements for All Grades

37. (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 requirements for each grade and subject to the general tolerances set out in section 41, cherries of all grades must

• (a) be properly packaged;
• (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 packaging;
• (f) be free from insects, insect larvae, insect damage and disease; and
• (g) be free from dried cherries, gum, leaves and twigs.

Canada No. 1 Grade Requirements

38. (1) The following definitions apply in this section.

"of fair size", with respect to cherries in a lot, means that not less than 65%, 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" means that the cherries are of a colour characteristic of the variety when mature. (d'une bonne couleur)

(2) In addition to meeting the requirements for all grades set out in section 37, cherries graded Canada No. 1 must

• (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% of the cherries, by weight or by count, without stems and, in the case of cherries of all other varieties, not more than 10% 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 37(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 of damage and defects that materially affects the appearance, edibility or shipping quality of the cherries.

Canada Domestic Grade Requirements

39. (1) In this section, "of fair colour", with respect to cherries in a lot, means that not less than 75%, 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 requirements for all grades set out in section 37, cherries graded Canada Domestic must

• (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 (⅛ 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 (⅛ inch) in diameter;
• (d) be free from hail marks exceeding 25% of the surface area;
• (e) be free from a combination of two or more defects referred to in paragraphs (c) and (d) and 37(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 of damage and defects that seriously affects the appearance, edibility or shipping quality of the cherries.

Canada Orchard Run Grade Requirements

40. In addition to meeting the requirements for all grades set out in section 37, cherries graded Canada Orchard Run must

• (a) meet the requirements of Canada Domestic grade except those set out in subparagraph 39(2)(c)(i); and
• (b) be free from dry circular or horseshoe stem-end cracks extending beyond the stem cavity.

General Tolerances

41. (1) In the grading of cherries, the requirements set out in sections 38 to 40, as applicable, are considered to be met where not more than 10% 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 repackaging, not more than
  • (i) 1% that are affected by decay or brown rot, and
  • (ii) 5% 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 repackaging, not more than 5% that have the same permanent defect.

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

Grades and Requirements for Crabapples

Application

42. The grades and requirements set out in sections 43 to 46 apply to crabapples of varieties grown from Pyrus baccata.

Grades and Grade Names

43. (1) The grades and grade names for crabapples are Canada No. 1 and Canada Domestic.

(2) If the grades and grade names set out in subsection (1) are used, the crabapples must conform to the requirements set out in sections 44 to 46.

Requirements for All Grades

44. In addition to the requirements for each grade and subject to the general tolerances set out in section 47, crabapples of all grades must

• (a) be properly packaged;
• (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.

Canada No. 1 Grade Requirements

45. In addition to meeting the requirements for all grades set out in section 44, crabapples graded Canada No. 1 must

• (a) be fairly clean;
• (b) have, in the case of crabapples of the Hyslop variety,
  • (i) a minimum of 75% by count of the crabapples in a lot with at least 35% 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% of the surface area of each crabapple of a red colour;
• (c) have a minimum diameter of 32 mm (1 ¼ inches);
• (d) be free from bruises that affect an aggregate area per crabapple exceeding 13 mm (½ 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 (¼ inch) in diameter;
• (f) be free from either limb rub or leaf mark that affects an aggregate area per crabapple exceeding 6 mm (¼ inch) in diameter;
• (g) be free from russeting that affects more than 10% 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 (⅛ 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 (¼ 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 44(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 of damage and defects that materially affects the appearance, edibility or shipping quality of the crabapples.

Canada Domestic Grade Requirements

46. In addition to meeting the requirements for all grades set out in section 44, crabapples graded Canada Domestic must

• (a) be reasonably clean;
• (b) have a minimum diameter of 25 mm (1 inch); and
• (c) be free from any damage, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the crabapples.

General Tolerances

47. (1) In the grading of crabapples, the requirements set out in sections 45 and 46, as applicable, are considered to be met when

• (a) not more than 10%, by count, of the crabapples in a lot inspected at the time of shipping or repackaging have defects, including not more than
  • (i) 3% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, by count, of the crabapples in a lot inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than 5%, by count, of the crabapples in the lot have less than the minimum diameter set out in paragraph 45(c) or 46(b).

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

Grades and Requirements for Cranberries

Application

48. The grades and requirements set out in sections 49 to 52 apply to cranberries of varieties grown from Vaccinium macrocarpum or Vaccinium oxycoccos.

Grades and Grade Names

49. (1) The grades and grade names for cranberries are Canada No. 1 and Canada Domestic.

(2) If the grades and grade names set out in subsection (1) are used, the cranberries must conform to the requirements set out in sections 50 to 52.

Requirements for All Grades

50. In addition to the requirements for each grade and subject to the general tolerances set out in section 53, cranberries of all grades must

• (a) be properly packaged;
• (b) be sound;
• (c) have at least 65% of the surface area of each cranberry as a red colour; and
• (d) be free from insects and insect larvae.

Canada No. 1 Grade Requirements

51. (1) In this section, "fairly uniform in size" means that the cranberries in any one package do not vary sufficiently in size to materially affect their general appearance.

(2) In addition to meeting the requirements for all grades set out in section 50, cranberries graded Canada No. 1 must

• (a) be fairly clean;
• (b) be fairly uniform in size; and
• (c) be free from any damage, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the cranberries.

Canada Domestic Grade Requirements

52. In addition to meeting the requirements for all grades set out in section 50, cranberries graded Canada Domestic must

• (a) be reasonably clean; and
• (b) be free from any damage or defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the cranberries.

General Tolerances

53. (1) In the grading of cranberries, the requirements set out in sections 51 and 52, as applicable, are considered to be met when not more than 15%, 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 repackaging, not more than
  • (i) 5% that are affected by decay, and
  • (ii) 5% 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 repackaging, not more than 5% that have the same permanent defect.

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

Grades and Requirements for Grapes

Application

54. The grades and requirements set out in sections 55 to 58 apply to grapes of varieties grown from Vitis vinifera or Vitis labrusca and their hybrids.

Grades and Grade Names

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

Requirements for All Grades

56. In addition to the requirements for each grade and subject to the general tolerances set out in section 59, grapes of all grades must

• (a) be properly packaged;
• (b) be sound and free from dried grapes;
• (c) be free from hail marks; and
• (d) be free from insects and insect larvae.

Canada No. 1 Grade Requirements

57. (1) The following definitions apply in this section.

"fairly compact" means that the bunches are well filled but the berries are not closely spaced. (passablement serrés)

"of good colour" means that not less than 90%, 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", with respect to grapes in a lot, means that not less than 90%, by count, of the berries on a bunch and not less than 90%, 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 requirements for all grades set out in section 56, grapes graded Canada No. 1 must

• (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%, 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, defect or combination of damage and defects that materially affects their appearance, edibility or shipping quality.

(3) Despite paragraph (2)(c), grapes of different varieties and colours packaged in approximately equal proportions and labelled "mixed varieties", that in all other respects meet the requirements of Canada No. 1 grade, may be designated Canada No. 1.

Canada Domestic Grade Requirements

58. (1) The following definitions apply in this section.

"fairly compact" has the same meaning as in subsection 57(1). (passablement serrés)

"of fair colour" means that not less than 75%, 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", with respect to grapes in a lot, means that not less than 65%, by count, of the berries on a bunch and not less than 65%, 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 requirements for all grades set out in section 56, grapes graded Canada Domestic must

• (a) be reasonably clean;
• (b) be of fair colour, of fair size and have similar varietal characteristics; and
• (c) have 60%, by weight, of the bunches in a lot be of a fairly compact nature for the variety.

General Tolerances

59. (1) In the grading of grapes, the requirements set out in sections 57 and 58, as applicable, are considered to be met when up to 10% 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 repackaging, not more than
  • (i) 3% that are affected by decay, and
  • (ii) 5% 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 repackaging, not more than 5% that have the same permanent defect.

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

Grades and Requirements for Peaches

Application

60. The grades and requirements set out in sections 61 to 64 apply to peaches of varieties grown from Prunus persica.

Grades and Grade Names

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

Requirements for All Grades

62. (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 requirements for each grade and subject to the general tolerances set out in section 65, peaches of all grades must

• (a) be properly packaged;
• (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 before August 15 in any year, of 54 mm (2 ⅛ inches), and
  • (ii) in the case of peaches sold on or after August 15 in any year, of 57 mm (2 ¼ inches);
• (e) be free from bruises that individually exceed 13 mm (½ inch) in diameter; and
• (f) be free from insects and insect larvae.

Canada No. 1 Grade Requirements

63. (1) In this section, "sized" means the peaches in a package do not vary in diameter by more than 6 mm (¼ inch). (calibrées)

(2) In addition to meeting the requirements for all grades set out in section 62, peaches graded Canada No. 1 must

• (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 (¾ 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 (½ 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 (½ inch) in diameter, or
  • (iii) fine, light in colour and affects more than 15% 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 (½ 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 62(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 of damage and defects that materially affects the appearance, edibility or shipping quality of the peaches.

Canada Domestic Grade Requirements

64. (1) In this section, "sized" has the same meaning as in section 63. (calibrées)

(2) In addition to meeting the requirements for all grades set out in section 62, peaches graded Canada Domestic must

• (a) be reasonably clean;
• (b) be fairly well formed and, if packaged 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 (½ 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% of surface area of a peach, or
  • (v) has noticeably depressed the affected areas;
• (f) be free from split pits exceeding 3 mm (⅛ 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 5% 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 62(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 of damage and defects that seriously affects the appearance, edibility or shipping quality of the peaches.

General Tolerances

65. (1) In the grading of peaches, the requirements set out in sections 63 and 64, as applicable, are considered to be met when

• (a) not more than 10%, by count, of the peaches in a lot inspected at the time of shipping or repacking have defects, including not more than
  • (i) 3% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, by count, of the peaches in a lot inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), up to
  • (i) 5%, by count, of the peaches in the lot have less than the minimum diameter set out in paragraph 62(2)(d), and
  • (ii) 10% of the packages in the lot contain more than 10%, by count, of peaches that exceed the maximum diameter variation set out in subsection 63(1).

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

Grades and Requirements for Pears

Application

66. The grades and requirements set out in sections 67 to 72 apply to pears of varieties grown from Pyrus communis.

Grades and Grade Names

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

Requirements for All Grades

68. (1) In this section, "sized", with respect to tiered pears, means that the pears are packaged by count and do not vary in diameter by more than 6 mm (¼ inch).

(2) In addition to the requirements for each grade and subject to the general tolerances set out in sections 73 and 74, pears of all grades must

• (a) be properly packaged;
• (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 72;
• (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.

Canada Extra Fancy Grade Requirements

69. (1) In addition to meeting the requirements for all grades set out in section 68, pears graded Canada Extra Fancy must

• (a) be clean, smooth and well formed;
• (b) be free from bruises that affect an aggregate area per pear exceeding 19 mm (¾ 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%, 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 (⅛ inch) in diameter, or
  • (iv) affects an aggregate area per pear exceeding 6 mm (¼ 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 (½ 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 ½ 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 (½ inch) in diameter, and
  • (ii) scale and scale spots that
    • (A) exceed two per pear, or
    • (B) affect more than 5%, 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 68(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 of damage and defects that affects the appearance, edibility or shipping quality of the pears.

(2) Despite paragraph 68(2)(b), pears of different varieties packaged in approximately equal proportions in packages not exceeding a capacity of 10 kg (22 lb) and labelled with the words "Gift Pack", "Combination Pack" or "Variety Pack", that in all other respects meet the requirements for Canada Extra Fancy grade, may be designated as Canada Extra Fancy.

Canada Fancy Grade Requirements

70. (1) In addition to meeting the requirements for all grades set out in section 68, pears graded Canada Fancy must

• (a) be fairly clean, smooth and fairly well formed;
• (b) be free from bruises that affect an aggregate area per pear exceeding 19 mm (¾ 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%, by count, of the pears in a lot;
• (d) be free from hail damage that
  • (i) has broken the skin and is not well healed, or
  • (ii) has broken the skin, is well healed, and has caused one skin break larger than 5 mm (3/16 inch) in diameter or depth or has caused more than one skin break larger than 3 mm (⅛ inch) in diameter or depth, or
  • (iii) has not broken the skin but affects an aggregate area per pear exceeding 13 mm (½ inch) in diameter, or
  • (iv) 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 (¾ 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% of the surface area of a pear;
• (g) be free from scab spots that affect an aggregate area per pear exceeding 3 mm (⅛ 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 (¾ inch) in diameter,
  • (ii) three or more insect punctures or stings per pear or any insect punctures or stings that exceed 3 mm (⅛ inch) in depth or diameter, inclusive of any encircling discoloured ring,
  • (iii) pear psylla residue that affects more than 5% 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 5%, 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 (½ inch) in diameter;
• (m) be free from a combination of two or more defects referred to in paragraphs (b) to (l) and 68(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 of damage and defects that materially affects the appearance, edibility or shipping quality of the pears.

(2) Pears graded Canada Fancy may be alternatively designated "Canada No. 1".

Canada Commercial Grade Requirements

71. (1) In addition to meeting the requirements for all grades set out in section 68, pears graded Canada Commercial must

• (a) be reasonably clean;
• (b) have no more than 15% of their surface area of an abnormal shape or on which the abnormal shape causes a depression greater than 6 mm (¼ 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 (¾ 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 (½ 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) if 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 (½ 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% 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 (½ inch) in diameter, inclusive of any encircling discoloured ring,
  • (iv) pear psylla residue that affects more than 15% 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 (½ inch) in diameter;
• (m) be free from freckled pit that affects more than 15% 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 68(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, defect or combination of damage or defects 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".

Minimum Diameter

72. (1) The minimum diameter for a variety of pears set out in column 1 of an item of the Table of Minimum Diameter Size Requirements for Varieties and Grades of Pears to this section for pears graded Canada Extra Fancy or Canada Fancy is as set out in column 2 of that item.

(2) The minimum diameter for a variety of pears set out in column 1 of an item of the Table of Minimum Diameter Size Requirements for Varieties and Grades of Pears to this section for pears graded Canada Commercial is as set out in column 3 of that item.

General Tolerances

73. In the grading of pears, the requirements set out in sections 69 to 72, as applicable, are considered to be met in the case of a lot of pears if not more than

• (a) 5%, by count, of the pears in the lot have less than the minimum diameter as set out in columns 2 and 3 of the Table of Minimum Diameter Size Requirements for Varieties and Grades of Pears to section 72;
• (b) in the case of a lot of tiered pears, 10% of the packages contain more than 10%, by count, of pears that exceed the maximum diameter variation set out in subsection 68(1); and
• (c) in the case of a lot of pears inspected at the time of shipping or repackaging, 10%, by count, of the pears in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than
  • (i) 3% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay; and
• (d) in the case of a lot of pears inspected at a time other than at the time of shipping or repackaging, 10%, by count, of the pears in the lot have permanent defects other than those referred to in paragraphs (a) and (b), including not more than 5% that have the same permanent defect.

74. Condition defects apply against the grade of a lot of pears only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Plums and Prunes

Application

75. The grades and requirements set out in sections 76 to 79 apply to plums and prunes of varieties grown from Prunus domestica, Prunus insititia or Prunus salicina and their hybrids.

Grades and Grade Names

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

Requirements for All Grades

77. In addition to the requirements for each grade and subject to the general tolerances set out in section 80, plums and prunes of all grades must

• (a) be properly packaged,
• (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.

Canada No. 1 Grade Requirements

78. (1) The following definitions apply in this section.

"Italian type", with respect to prunes, means prunes that are "free-stone". (du type italien)

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

• (a) in the case of Italian type prunes, not less than 75% 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 requirements for all grades set out in section 77, plums and prunes graded Canada No. 1

• (a) be fairly clean;
• (b) be of good colour;
• (c) conform to the minimum diameter size requirements set out in column 2 of the Table of Diameter Size Requirements for Plum and Prune Varieties to this section;
• (d) be free from bruises other than those incidental to good commercial handling and packaging;
• (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 (¼ inch) in length;
• (g) be free from russeting that affects more than 10% 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 77(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 of damage and defects that materially affects the appearance, edibility or shipping quality of the plums or prunes.

Canada Domestic Grade Requirements

79. (1) The following definitions apply in this section.

"Italian type" has the same meaning as in subsection 78(1). (du type italien)

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

• (a) in the case of Italian type prunes, not less than 50% 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%, 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 requirements for all grades set out in section 77, plums and prunes graded Canada Domestic must

• (a) be reasonably clean;
• (b) be of fair colour;
• (c) be free from bruises that affect more than 15% 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 (⅛ 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 (½ inch) in diameter;
• (f) be free from limb rub or leaf mark that affects more than 15% of the surface area of a plum or prune;
• (g) be free from russeting that affects more than 25% 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% of the surface area of a plum or prune;
• (j) be free from insect stings that
  • (i) exceed three per plum or prune,
  • (ii) extend into the flesh, or
  • (iii) affect an aggregate area per plum or prune exceeding 6 mm (¼ inch) in diameter;
• (k) be free from a combination of two or more defects referred to in paragraphs (c) to (j) and 77(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, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the plums or prunes.

General Tolerances

80. (1) In the grading of plums and prunes, the requirements set out in sections 78 and 79, as applicable, are considered to be met if

• (a) not more than 10%, by count, of the plums or prunes in a lot inspected at the time of shipping or repackaging have defects, including not more than
  • (i) 3% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, by count, of the plums or prunes in a lot inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than 5%, by count, of the plums or prunes in the lot have less than the minimum diameter set out in column 2 the Table of Diameter Size Requirements for Plum and Prune Varieties to section 78.

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

Grades and Requirements for Field Rhubarb

Application

81. The grades and requirements set out in sections 82 to 84 apply to rhubarb of varieties grown from Rheum rhaponticum, rhubarb grown under protective covering being excluded.

Grades and Grade Names

82. (1) The grades and grade names for field rhubarb are Canada No. 1 and Canada Domestic.

(2) If the grades and grade names set out in subsection (1) are used, the rhubarb must conform to the requirements set out in sections 83 and 84.

Canada No. 1 Grade Requirements

83. Subject to the general tolerances set out in subsections 85(1) and (3), field rhubarb graded Canada No. 1 must

• (a) be properly packaged;
• (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 (¾ inch) or a minimum circumference of 63 mm (2 ½ 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.

Canada Domestic Grade Requirements

84. Subject to the general tolerances set out in subsections 85(2) and (3), field rhubarb graded Canada Domestic must be free from decay.

General Tolerances

85. (1) In the grading of field rhubarb into Canada No. 1 grade, the requirements set out in section 83 are considered to be met where not more than 10%, 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 repackaging, not more than
  • (i) 1% that is affected by decay, and
  • (ii) 5% 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 repackaging, not more than 5% that has the same permanent defect.

(2) In the grading of field rhubarb into Canada Domestic grade, the requirements set out in section 84 are considered to be met if, in a lot of rhubarb inspected at the time of shipping or repackaging, not more than 1%, by count, of the rhubarb in the lot is affected by decay.

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

Grade and Requirement for Strawberries

Application

86. The grade and the requirements set out in sections 87 and 88 apply to strawberries of varieties grown from the genus Fragaria.

Grade and Grade Name

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

(2) If the grade and grade name set out in subsection (1) are used, the strawberries must conform to the requirements set out in section 88.

Canada No. 1 Grade Requirements

88. Subject to the general tolerances set out in section 89, strawberries graded Canada No. 1 must

• (a) be properly packaged;
• (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 (⅝ 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, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the strawberries.

General Tolerances

89. (1) In the grading of strawberries, the requirements set out in section 88 are considered to be met if

• (a) not more than 10%, by count, of the strawberries in a lot inspected at the time of shipping or repackaging have defects, including not more than
  • (i) 2% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, by count, of the strawberries in a lot of strawberries inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than 5%, by count, of the strawberries in the lot have less than the minimum diameter set out in paragraph 88(e).

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

Part 2 Grade Requirements for Fresh Vegetables

Interpretation

90. The following definitions apply in this Part.

"rutabaga" means that vegetable commonly known as "swede turnip" but does not include the usually smaller species commonly known as "summer turnip". (rutabaga)

"sound" means that, at the time of shipping or repackaging, 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" means all leaves that do not closely enfold the compact portion of the head. (feuilles enveloppantes)

Grades and Requirements for Asparagus

Application

91. The grades and requirements set out in sections 92 to 96 apply only to green-coloured asparagus of varieties grown from Asparagus officinalis.

Grades and Grade Names

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

(2) If asparagus is marketed as diameter graded, one of the designations set out in subsection (3), determined according to the diameter of the asparagus stalks, must 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", if 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", if the asparagus stalks have a minimum diameter of 13 mm (½ inch) and a maximum diameter of 21 mm (13/16 inch); and
• (c) "Jumbo", if the asparagus stalks have a minimum diameter of 19 mm (¾ inch).

Requirements for All Grades

93. In addition to the requirements for each grade and subject to the general tolerances set out in section 97, asparagus of all grades must

• (a) be properly packaged;
• (b) have not more than 15% of each stalk coloured 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 when diameter grading designations are used in accordance with subsections 92(2) and (3);
• (e) have stalks of a minimum length of 140 mm (5 ½ inches);
• (f) if packaged in a pyramid-type package that holds 9.07 kg (20 lb) of asparagus, have a maximum length of 229 mm (9 inches); and
• (g) be free from decay.

Canada No. 1 Grade Requirements

94. In addition to meeting the requirements for all grades set out in section 93, asparagus graded Canada No. 1 must

• (a) be fresh;
• (b) be free from stalks having tips that are broken or spreading, or that have a seedy appearance;
• (c) if prepackaged, have stalks that vary by not more than 38 mm (1 ½ inches) in length; and
• (d) be free from any other damage, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the asparagus.

Canada No. 1 Slender Grade Requirements

95. In addition to meeting the requirements for all grades set out in section 93, asparagus graded Canada No. 1 Slender must

• (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 (3/64 inch);
• (e) if prepackaged, have stalks that vary by not more than 38 mm (1 ½ inches) in length; and
• (f) be free from any other damage, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the asparagus.

Canada No. 2 Grade Requirements

96. In addition to meeting the requirements for all grades set out in section 93, asparagus graded Canada No. 2 must be free from any damage or defect or combination of damage or defects that seriously affects the appearance, edibility or shipping quality of the asparagus.

General Tolerances

97. (1) In the grading of asparagus, the requirements set out in sections 94 to 96, as applicable, are considered to be met if

• (a) not more than 10%, by count, of the asparagus in a lot inspected at the time of shipping or repackaging have defects, including not more than
  • (i) 1% that is affected by decay, and
  • (ii) 5% that has the same defect other than decay;
• (b) not more than 10% by count of the asparagus in a lot inspected at a time other than at the time of shipping or repackaging has defects, including not more than 5% that has the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than
  • (i) 10% by count of the asparagus in the lot fails to meet the diameter or length requirements for the grade, and
  • (ii) 10% of the packages contain stalks that exceed the maximum length variation for the grade.

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

Grades and Requirements for Beets

Application

98. The grades and requirements set out in sections 99 to 102 apply to beets of varieties grown from Beta vulgaris, beets with tops being excluded.

Grades and Grade Names

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

Requirements for All Grades

100. In addition to the requirements for each grade, and subject to the general tolerances set out in sections 103 and 104, beets of all grades must

• (a) be properly packaged;
• (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.

Canada No. 1 Grade Requirements

101. (1) In this section, "reasonably clean" means the beets are

• (a) practically free from caked dirt, mould or decayed matter, and
• (b) reasonably free from staining or clinging dirt. (raisonnablement propres)

(2) In addition to meeting the requirements for all grades set out in section 100, beets graded Canada No. 1 must

• (a) be reasonably clean;
• (b) have the shape characteristics of the variety;
• (c) be not rough, ridged or misshapen;
• (d) be trimmed so that the length of the tops of 75%, by weight, of the beets in a lot do not exceed 13 mm (½ inch) and the length of the tops of the other beets do 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 ¼ 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 labelled on the package or on a label attached to the package,
    • (B) be packaged in a transparent package, or
    • (C) be in a bulk display in a retail store;
• (f) be free from any other damage, defect or combination of damage and defects that
  • (i) materially affects the appearance, edibility or shipping quality of the beets, or
  • (ii) cannot be removed without the loss of more than 5% of the total weight of the beet.

Canada No. 2 Grade Requirements

102. In addition to meeting the requirements for all grades set out in section 100, beets graded Canada No. 2 must

• (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 maximum diameter of 32 mm (1 ¼ inches), or
  • (ii) have a minimum diameter of 25 mm (1 inch) and
    • (A) conform to the diameter size range labelled on the package or on a label attached to the package,
    • (B) are packaged in a transparent package, or
    • (C) are in a bulk display in a retail store; and
• (d) be free from any other damage, defect or combination of damage and defects 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% of the total weight of a beet.

General Tolerances

103. In the grading of beets, the requirements set out in sections 101 and 102, as applicable, are considered to be met if

• (a) not more than 4%, by weight, of the beets in the lot have less than the minimum diameters set out in paragraph 101(2)(e) or 102(c);
• (b) not more than 8%, by weight, of the beets in the lot exceed the maximum diameter set out in subparagraph 101(2)(e)(i) or the diameter labelled on the package or on the label attached to the package;
• (c) in the case of a lot of beets inspected at the time of shipping or repackaging, not more than 6%, by weight, of the beets in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than 2% that are affected by decay; and
• (d) in the case of a lot of beets inspected at a time other than at the time of shipping or repackaging, not more than 6%, by weight, of the beets in the lot have permanent defects other than those referred to in paragraphs (a) and (b).

104. Condition defects apply against the grade of a lot of beets only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Brussels Sprouts

Application

105. The grades and requirements set out in sections 106 to 109 apply to Brussels sprouts, being the axillary buds growing along the vertical stem of varieties grown from Brassica oleracea var. gemmifera, with Brussels sprouts remaining attached to the vertical stem being excluded.

Grades and Grade Names

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

Requirements for All Grades

107. In addition to the requirements for each grade and subject to the general tolerances set out in section 110, Brussels sprouts of all grades must

• (a) have been removed from the stalk;
• (b) be properly packaged;
• (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 ¾ inches); and
• (h) be free from insect damage that materially affects the appearance, edibility or shipping quality of the Brussels sprouts.

Canada No. 1 Grade Requirements

108. In addition to meeting the requirements for all grades set out in section 107 Brussels sprouts graded Canada No. 1 must

• (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, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the Brussels sprouts.

Canada No. 2 Grade Requirements

109. In addition to meeting the requirements for all grades set out in section 107, Brussels sprouts graded Canada No. 2 must

• (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 of damage and defects that seriously affects the appearance, edibility or shipping quality of the Brussels sprouts.

General Tolerances

110. (1) In the grading of Brussels sprouts, the requirements set out in sections 108 and 109, as applicable, are considered to be met when

• (a) not more than 10%, by weight, of the Brussels sprouts in a lot inspected at the time of shipping or repackaging have defects, including not more than
  • (i) 2% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, by weight, of the Brussels sprouts in a lot inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% that have the same permanent defect; and
• (c) in either case referred to in paragraphs (a) and (b), not more than
  • (i) 5%, by weight, of the Brussels sprouts in the lot have less than the minimum diameter set out in paragraph 107(f),
  • (ii) in the case of Brussels sprouts graded Canada No. 1, 5%, by weight, of the Brussels sprouts in the lot exceed the maximum diameter set out in paragraph 108(b), and
  • (iii) 10%, by weight, of the Brussels sprouts in the lot exceed the maximum length set out in paragraph 107(g).

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

Grades and Requirements for Cabbages

Application

111. The grades and requirements set out in sections 112 to 115 apply to headed cabbages of varieties grown from Brassica oleracea var. capitata or Brassica oleracea var. bullata, including red cabbages and pointed cabbages.

Grades and Grade Names

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

Requirements for All Grades

113. In addition to the requirements for each grade and subject to the general tolerances set out in sections 116 and 117, cabbages of all grades must

• (a) be properly packaged;
• (b) have similar varietal characteristics;
• (c) be trimmed so that the butts are no longer than 13 mm (½ 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.

Canada No. 1 Grade Requirements

114. In addition to meeting the requirements for all grades set out in section 113, cabbages graded Canada No. 1 must

• (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) if prepackaged, not vary by more than 51 mm (2 inches) in diameter; and
• (e) be free from any other damage, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the cabbages.

Canada No. 2 Grade Requirements

115. In addition to meeting the requirements for all grades set out in section 113, cabbages graded Canada No. 2 must

• (a) have heads that are not soft; and
• (b) be free from any other damage, defect or combination of damage and defects 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% of the edible portion of a head of cabbage.

General Tolerances

116. In the grading of cabbage, the requirements set out in sections 114 and 115, as applicable, are considered to be met in the case of a lot of cabbage when not more than

• (a) in the case of a lot of cabbage inspected at the time of shipping or repackaging, 10%, by count, of the cabbages in the lot have defects, including not more than
  • (i) 2% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay; and
• (b) in the case of a lot of cabbage inspected at a time other than at the time of shipping or repackaging, 10%, by count, of the cabbages in the lot have permanent defects, including not more than 5% that have the same permanent defect.

117. Condition defects apply against the grade of a lot of cabbage only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Carrots

Application

118. The grades and requirements set out in sections 119 to 122 apply to carrots of varieties grown from Daucus carota, carrots with tops being excluded.

Grades and Grade Names

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

Requirements for All Grades

120. In addition to the requirements for each grade and subject to the general tolerances set out in sections 123 and 124, carrots of all grades must

• (a) be properly packaged;
• (b) have similar varietal characteristics, or be in accordance with the variety or colour labelled on the package;
• (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 ½ inches).

Canada No. 1 Grade Requirements

121. (1) In this section, "reasonably clean" means the carrots are

• (a) practically free from caked dirt, mould or decayed matter, and
• (b) reasonably free from staining or clinging dirt. (raisonnablement propres)

(2) In addition to meeting the requirements for all grades set out in section 120, carrots graded Canada No. 1 must

• (a) be reasonably clean;
• (b) be not materially rough, misshapen or affected by secondary rootlets;
• (c) be trimmed so that the length of the tops of 75% by weight of the carrots in a lot does not exceed 13 mm (½ 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 ¾ inches),
  • (ii) have a minimum diameter of 19 ¾mm (¾ inch) and
    • (A) conform to the diameter size range labelled on the package or on a label attached to the package,
    • (B) be packaged in a transparent package, or
    • (C) be in a bulk display in a retail store, or
  • (iii) have a minimum diameter of 38 mm (1 ½ inches) or greater and be prepackaged in a package on which is labelled, or indicated on a label attached to the package, the size designation "38mm and up" or "1 ½ 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 (½ 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 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 (⅛ inch) in width,
  • (iii) are more than 6 mm (¼ 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 (½ inch) below the outer edge of the crown, or
  • (ii) affects more than 10%, 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, defect or combination of damage and defects that
  • (i) materially affects the appearance, edibility or shipping quality of the carrots, or
  • (ii) cannot be removed without a loss of more than 5% of the total weight of a carrot.

Canada No. 2 Grade Requirements

122. In addition to meeting the requirements for all grades set out in section 120, carrots graded Canada No. 2 must

• (a) be not 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 (¾ 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, defect or combination of damage and defects 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% of the total weight of a carrot.

General Tolerances

123. In the grading of carrots, the requirements set out in sections 121 and 122, as applicable, are considered to be met if,

• (a) in the case of a lot of carrots inspected at the time of shipping or repackaging, not more than 10%, by weight, of the carrots in the lot have defects, including not more than
  • (i) 4% that have less than the minimum diameter or length,
  • (ii) 8% that exceed the maximum diameter,
  • (iii) 5% that have the same defect other than a defect referred to in subparagraphs (i) or (ii), and
  • (iv) 2% that are affected by decay; and
• (b) in the case of a lot of carrots inspected at a time other than at the time of shipping or repackaging, not more than 10%, by weight, of the carrots in the lot have permanent defects, including not more than
  • (i) 4% that have less than the minimum diameter or length,
  • (ii) 8% that exceed the maximum diameter, and
  • (iii) 5% that have the same permanent defect other than a defect referred to in subparagraphs (i) or (ii).

124. Condition defects apply against the grade of a lot of carrots only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Cauliflower

Application

125. The grades and requirements set out in sections 126 to 129 apply to cauliflower of varieties grown from Brassica oleracea var. botrytis.

Grades and Grade Names

126. The grades and grade names for cauliflower are Canada No. 1 and Canada No. 2.

Requirements for All Grades

127. In addition to the requirements for each grade and subject to the general tolerances set out in section 130, cauliflower of all grades must

• (a) be properly packaged;
• (b) have no heads of abnormal colour; and
• (c) be free from decay.

Canada No. 1 Grade Requirements

128. In addition to meeting the requirements for all grades set out in section 127, cauliflower graded Canada No. 1 must

• (a) have compact heads;
• (b) have superfluous leaves removed but the heads, unless individually wrapped, are protected by a ring of wrapper leaves;
• (c) have wrapper leaves that are fresh, 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) if prepackaged, not vary by more than 51 mm (2 inches) in diameter; and
• (j) be free from any other damage, defect or combination of damage and defects that
  • (i) materially affects the appearance, edibility or shipping quality of the cauliflower, or
  • (ii) seriously affects the wrapper leaves.

Canada No. 2 Grade Requirements

129. In addition to meeting the requirements for all grades set out in section 127, cauliflower graded Canada No. 2 must

• (a) have fairly compact heads; and
• (b) be free from any damage, defect or combination of damage and defects 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.

General Tolerances

130. (1) In the grading of cauliflower, the requirements set out in sections 128 and 129, as applicable, are considered to be met if

• (a) not more than 10%, by count, of the cauliflower, in a lot inspected at the time of shipping or repacking have defects, including not more than
  • (i) 2% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, by count, of the cauliflower in a lot inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% 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, not more than
  • (i) 5%, by count, of the cauliflower in the lot, have less than the minimum diameter set out in paragraph 128(h), and
  • (ii) 10% of the packages contain fewer or more heads than the number labelled on the packages, or contain heads that exceed the maximum diameter variation set out in paragraph 128(i).

(2) Condition defects apply against the grade of a lot of cauliflower only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Celery

Application

131. The grades and requirements set out in sections 132 to 136 apply to celery varieties grown from Apium graveolens var. dulce.

Grades and Grade Names

132. The grades and grade names for celery are Canada No. 1, Canada No. 1 Heart and Canada No. 2.

Requirements for All Grades

133. (1) In addition to meeting the requirements for each grade and subject to the general tolerances set out in section 137, celery of all grades must

• (a) be properly packaged;
• (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 134 to 136,

• (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.

Canada No. 1 Grade Requirements

134. In addition to meeting the requirements for all grades set out in section 133, celery graded Canada No. 1 must

• (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 178 mm (7 inches) and a minimum diameter of 63 mm (2 ½ inches), where there are more than 24 stalks per package, and a minimum diameter of 76 mm (3 inches), where there are 24 or fewer stalks per package;
• (e) if prepackaged, have stalks that do not vary by more than 38 mm (1 ½ 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, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the celery.

Canada No. 1 Heart Grade Requirements

135. In addition to meeting the requirements for all grades set out in section 133, celery graded Canada No. 1 Heart must meet the requirements of Canada No. 1 grade with the exception of those for uniformity of size, minimum diameter and minimum stalk length set out in paragraphs 134(d) and (e).

Canada No. 2 Grade Requirements

136. In addition to meeting the requirements for all grades set out in section 133, celery graded Canada No. 2 must

• (a) have stalks of a minimum diameter of 63 mm (2 ½ inches); and
• (b) be free from any damage, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the celery.

General Tolerances

137. (1) In the grading of celery, the requirements set out in sections 134 to 136, as applicable, are considered to be met if

• (a) not more than 10%, by count, of the stalks of celery in a lot inspected at the time of shipping or repackaging, have defects including not more than
  • (i) 2% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, by count, of the stalks of celery in a lot inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than
  • (i) 5%, by count, of the stalks of celery in the lot, have less than the minimum diameter or are shorter than the minimum length, and
  • (ii) 10% of the packages in the lot have more than 5% more stalks or 5% fewer stalks than the number labelled on the packages, or contain stalks that exceed the maximum diameter or length variation.

(2) Condition defects apply against the grade of a lot of celery only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Sweet Corn

Application

138. The grade and the requirements set out in sections 139 and 140 apply to sweet corn varieties grown from Zea mays var. rugosa.

Grade and Grade Name

139. The grade and grade name for sweet corn is Canada No. 1.

Canada No. 1 Grade Requirements

140. (1) Subject to the general tolerances set out in section 141, sweet corn graded Canada No. 1 must

• (a) be properly packaged;
• (b) have similar varietal characteristics;
• (c) be well covered with fresh, unbroken green husks or, if the husks have been removed, are 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 are labelled with the size designation "Small";
• (h) be free from decay; and
• (i) be free from any other damage, defect or combination of damage and defects 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.

General Tolerances

141. (1) In the grading of sweet corn, the requirements set out in section 140 are considered to be met if

• (a) not more than 10%, by count, of the ears in a lot inspected at the time of shipping or repacking, have defects including not more than
  • (i) 1% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, 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 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than
  • (i) 15%, by count, of the ears in the lot exceed the maximum length set out in subparagraph 140(1)(g)(ii),
  • (ii) 5%, by count, of the ears in the lot are shorter than the minimum length set out in paragraph 140(1)(g),
  • (iii) 10% of the packages in the lot that contain less than 36 ears have one ear more or less than the number of ears labelled on the packages, and
  • (iv) 10% of the packages in the lot that contain 36 ears or more have two ears more or less than the number of ears labelled on the packages thereon.

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

Grades and Requirements for Field Cucumbers

Application

142. (1) Subject to subsection (2), the grades and requirements set out in sections 143 to 146 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 requirements referred to in subsection (1) do not apply to cucumbers for packaging in a hermetically sealed package, freezing, concentrating, pickling, or otherwise to assure preservation during transport, distribution and storage.

Grades and Grade Names

143. The grades and grade names for field cucumbers are Canada No. 1 and Canada No. 2.

Requirements for All Grades

144. In addition to the requirements for each grade and subject to the general tolerances set out in section 147, field cucumbers of all grades must

• (a) be properly packaged;
• (b) be fresh, sound and firm; and
• (c) be free from sunscald.

Canada No. 1 Grade Requirements

145. In addition to meeting the requirements for all grades set out in section 144, field cucumbers graded Canada No. 1 must

• (a) have a good characteristic green colour over at least 85% 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 ¾ inches) and a minimum length of 152 mm (6 inches);
• (d) if prepackaged, with the exception of one cucumber, not vary by more than 19 mm (¾ inches) in diameter or 51 mm (2 inches) in length;
• (e) be free from scars affecting more than 5% of the surface area of a cucumber; and
• (f) be free from any other damage or defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the cucumbers.

Canada No. 2 Grade Requirements

146. In addition to meeting the requirements for all grades set out in section 144, field cucumbers graded Canada No. 2 must

• (a) have a good characteristic green colour over at least 75% 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% of the surface area of a cucumber; and
• (e) be free from any other damage, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the cucumbers.

General Tolerances

147. (1) In the grading of field cucumbers, the requirements set out in sections 145 and 146, as applicable, are considered to be met if

• (a) not more than 10%, by count, of the cucumbers in a lot inspected at the time of shipping or repackaging have defects, including not more than
  • (i) 1% that are affected by decay, and
  • (ii) 5% that have the same defect other than decay;
• (b) not more than 10%, by count ,of the cucumbers in a lot inspected at a time other than at the time of shipping or repackaging have defects, including not more than 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than
  • (i) 5%, by count, of the cucumbers in the lot exceed the maximum diameter or are shorter than the minimum length; and
  • (ii) 10% of the packages contain cucumbers that exceed the maximum diameter or length variation.

(2) Condition defects apply against the grade of a lot of field cucumbers only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Greenhouse Long Seedless Cucumbers

Application

148. (1) Subject to subsection (2), the grades and requirements set out in sections 149 to 153 apply to greenhouse long seedless cucumber varieties grown from Cucumis sativus in artificial conditions under glass or other protective covering.

(2) The grades and requirements referred to in subsection (1) do not apply to greenhouse long seedless cucumbers for packaging in a hermetically sealed package, freezing, concentrating, pickling, or otherwise to assure preservation during transport, distribution and storage.

Grades and Grade Names

149. The grades and grade names for greenhouse long seedless cucumbers are Canada No. 1, Canada No. 2, and Canada Utility.

Requirements for All Grades

150. (1) In this section, "clean" means the cucumber is practically free from dirt or other foreign material. (propre)

(2) In addition to the requirements for each grade and subject to the general tolerances set out in section 154, greenhouse long seedless cucumbers of all grades must

• (a) be properly packaged;
• (b) have similar varietal characteristics;
• (c) be clean and free from disease;
• (d) be free of chilling damage; and
• (e) be fresh, sound and firm.

Canada No. 1 Grade Requirements

151. (1) In addition to meeting the requirements for all grades set out in section 150, greenhouse long seedless cucumbers graded Canada No. 1 must

• (a) have a good characteristic green colour over at least 85% 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) have the height of the inner arc of curvature not exceed the diameter of the cucumber when measured from a flat surface;
• (d) have a minimum diameter of 41 mm (1 ⅝ inches);
• (e) have a minimum length of 280 mm (11 inches);
• (f) if prepackaged, with the exception of one cucumber, not vary by more than 13 mm (½ inch) in diameter or, subject to paragraph (g), 63 mm (2 ½ inches) in length;
• (g) if packaged and sold in batches of one dozen or more per package, be labelled in addition to the grade with the size designation
  • (i) "Small", if they have a minimum length of 280 mm (11 inches) and a maximum length of 305 mm (12 inches),
  • (ii) "Medium", if they have a minimum length greater than 305 mm (12 inches) and a maximum length of 356 mm (14 inches),
  • (iii) "Large", if they have a minimum length greater than 356 mm (14 inches) and a maximum length of 406 mm (16 inches), and
  • (iv) "Extra Large", if they have a minimum length greater than 406 mm (16 inches);
• (h) be free of cuts;
• (i) be free from shrivelled ends that materially affect the appearance of the cucumbers; and
• (j) be free from any other damage, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the cucumbers.

(2) For the purposes of paragraphs (1)(c) and (d) and (f), "diameter" means the diameter as measured from a point that is 127 mm (5 inches) from the stem end of a cucumber. (diamètre)

Canada No. 2 Grade Requirements

152. (1) In addition to meeting the requirements for all grades set out in section 150, greenhouse long seedless cucumbers graded Canada No. 2 must

• (a) have a good characteristic green colour over at least 75% of the surface of each cucumber;
• (b) subject to paragraph (c), be not materially curved, constricted, pointed or otherwise misshapen;
• (c) have the height of the inner arc of curvature not exceed 76 mm (3 inches) when measured from a flat surface;
• (d) have a minimum diameter of 25 mm (1 inch);
• (e) be free from unhealed cuts and be free from healed cuts that exceed 13 mm (1/2 inch) in length;
• (f) be free from shrivelled ends that seriously affect the appearance of the cucumbers; and
• (g) be free from any other damage or defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the cucumbers.

(2) For the purposes of subparagraph (1)(d), "diameter" means the diameter as measured from a point that is one-half the length of the cucumber from the stem end. (diamètre)

Canada Utility Grade Requirements

153. In addition to meeting the requirements for all grades set out in section 150, greenhouse long seedless cucumbers graded Canada Utility must

• (a) be free from unhealed cuts and be free from healed cuts that exceed 19 mm (3/4 inch) in length;
• (b) be free from shrivelled ends that seriously affect the appearance of the cucumbers; and
• (c) be free from any other damage or defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the cucumbers.

General Tolerances

154. (1) In the grading of greenhouse long seedless cucumbers into Canada No. 1 and Canada No. 2 grades, the requirements set out in sections 151 and 152, as applicable, are considered to be met where

• (a) not more than 5%, by count, of the greenhouse long seedless cucumbers in a lot inspected at the time of shipping or repackaging, have defects including not more than 1% that are affected by decay;
• (b) not more than 5%, by count, of the greenhouse long seedless cucumbers in a lot inspected at a time other than at the time of shipping or repackaging, have permanent defects; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than
  • (i) 5%, by count, of the greenhouse long seedless cucumbers in the lot have less than the minimum diameter or are shorter than the minimum length, and
  • (ii) in the case of a lot of greenhouse long seedless cucumbers graded Canada No. 1, 5%, by count, of the cucumbers in the lot exceed the maximum length.

(2) In the grading of greenhouse long seedless cucumbers into Canada Utility grade, the requirements set out in section 153 are considered to be met where

• (a) not more than 5%, by count of the greenhouse long seedless cucumbers in a lot inspected at the time of shipping or repackaging, have defects including not more than 1% that are affected by decay;
• (b) not more than 5%, by count of the greenhouse long seedless cucumbers in a lot inspected at a time other than the time of shipping or repackaging, have permanent defects.

(3) Condition defects apply against the grade of a lot of greenhouse long seedless cucumbers only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Head Lettuce

Application

155. The grades and requirements set out in sections 156 to 159 apply to lettuce varieties grown from Lactuca sativa var. capitata, Iceberg type.

Grades and Grade Names

156. The grades and grade names for head lettuce are Canada No. 1 and Canada No. 2.

Requirements for All Grades

157. In addition to the requirements for each grade and subject to the general tolerances set out in section 160, head lettuce of all grades must

• (a) be properly packaged;
• (b) have similar varietal characteristics;
• (c) be trimmed so that the butt is cut off close to the point of attachment for the wrapper leaves;
• (d) have not 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.

Canada No. 1 Grade Requirements

158. In addition to meeting the requirements for all grades set out in section 157, head lettuce graded Canada No. 1 must

• (a) have any coarse or damaged wrapper leaves removed;
• (b) have heads that are compact and yield only slightly to pressure;
• (c) if prepackaged, not vary by more than 51 mm (2 inches) in diameter; and
• (d) be free from any other damage, defect or combination of damage and defects that materially affects the appearance, edibilit y or shipping quality of the lettuce.

Canada No. 2 Grade Requirements

159. In addition to meeting the requirements for all grades set out in section 157, head lettuce graded Canada No. 2 must

• (a) have any coarse leaves removed;
• (b) have heads that show characteristic formation for the type; and
• (c) be free from any damage, defect or combination of damage and defects 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 portions of the head.

General Tolerances

160. (1) In the grading of head lettuce, the requirements set out in sections 158 and 159, as applicable, are considered to be met if

• (a) not more than 10%, by count, of the heads of lettuce in a lot inspected at the time of shipping or repackaging, have defects including not more than
  • (i) 2% that are affected by decay in the compact portion, and
  • (ii) 3% of the heads, including those referred to in subparagraph (i), affected by decay; and
• (b) not more than 10%, by count, of the heads of lettuce in a lot inspected at a time other than at the time of shipping or repackaging, have permanent defects; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than 10% of the packages in the lot possess a greater or lesser number of heads than the number labelled on the packages or contain heads that exceed the maximum diameter variation set out in paragraph 158(c).

(2) Condition defects apply against the grade of a lot of head lettuce only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Onions

Application

161. (1) The grades and requirements set out in sections 162 to 166 apply to onion varieties grown from Allium cepa, green onions and onions with tops being excluded.

(2) In sections 164, 165 and 167, "ovoid specimen" means an onion the length of which is more than one and a half times the diameter. (spécimen ovoïde)

(3) The grades and requirements referred to in subsection (1) do not apply to cippoline onions.

Grades and Grade Names

162. The grades and grade names for onions are Canada No. 1, Canada No. 1 Pickling and Canada No. 2.

Requirements for All Grades

163. (1) In addition to the requirements for each grade and subject to the general tolerances set out in sections 167 and 168, onions of all grades must

• (a) be properly packaged;
• (b) have similar varietal characteristics; and
• (c) be free from thick necks, seed stems and decay.

(2) Despite paragraph (1)(b), onions in packages not exceeding a capacity of 1.36 kg (3 lb) may be of different varieties.

Canada No. 1 Grade Requirements

164. In addition to meeting the requirements for all grades set out in section 163, onions graded Canada No. 1 must

• (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 ¾ inches) and a maximum diameter of 76 mm (3 inches),
  • (ii) have a minimum diameter of 44 mm (1 ¾ inches), and
    • (A) meet the diameter size range labelled on the package or on a label attached to the package,
    • (B) be packaged in transparent packaging, or
    • (C) be in a bulk display in a retail store;
  • (iii) have a minimum diameter of 63 mm (2 ½ inches) or greater and be prepackaged in a package on which is labelled, or indicated on a label attached to the package, the size designation "63 mm and up" or "2 ½ inches and up", or the greater minimum size designation that may be applicable,
  • (iv) have a minimum diameter of 32 mm (1 ¼ inches) and a maximum diameter of 51 mm (2 inches) and be prepackaged in a package on which is labelled, or which is indicated on a label attached to the package, the size designation "Small",
  • (v) have a minimum diameter of 76 mm (3 inches) and be prepackaged in a package on which is labelled, or is indicated on a label attached to the package, the size designation "Jumbo",
  • (vi) have a minimum diameter of 13 mm (½ inch) and a maximum diameter of 25 mm (1 inch) and be prepackaged in 284 g (10 ounce) containers on which is labelled, or indicated on a label attached to the package, the size designation "13 mm to 25 mm" or "½ inch to 1 inch", or
  • (vii) have a minimum diameter of 13 mm (½ inch) and a maximum diameter of 38 mm (1 ½ inches) and be prepackaged in 284 g (10 ounce) containers on which is labelled, or indicated on a label attached to the package, the size designation "13 mm to 38 mm" or "½ inch to 1 ½ 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;
• (g) be free from peeling that results in more than 25%, by weight, of the onions in a lot having more than 15% of their flesh exposed;
• (h) be free from staining that results in more than 10%, by weight, of the onions in a lot having more than 25% of the surface area stained; and
• (i) be free from any other damage, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the onions.

Canada No. 1 Pickling Grade Requirements

165. In addition to meeting the requirements for all grades set out in section 163, onions graded Canada No. 1 Pickling must

• (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:
  • (i) have a minimum diameter of 13 mm (½ inch) and a maximum diameter of 25 mm (1 inch), or
  • (ii) have a minimum diameter of 13 mm (½ inch) and a maximum diameter of 38 mm (1 ½ inches) and be prepackaged in a package on which is labelled the size designation "13 mm to 38 mm" or "½ inch to 1 ½ 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 of damage and defects that materially affects the appearance, edibility or shipping quality of the onions.

Canada No. 2 Grade Requirements

166. In addition to meeting the requirements for all grades set out in section 163, onions graded Canada No. 2 must

• (a) respond 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 ¾ 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, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the onions.

General Tolerances

167. In the grading of onions, the requirements set out in sections 163 to 166, as applicable, are considered to be met in the case of a lot of onions if not more than

• (a) 5%, by weight, of the onions in the lot have less than the minimum diameter;
• (b) 5%, by weight, of the onions in the lot exceed the maximum diameter;
• (c) 15%, 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%, by weight, of the onions in the lot in the case of onions graded Canada No. 1 Pickling are ovoid specimens; and
• (e) in the case of a lot of onions inspected at the time of shipping or repackaging, 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; and
• (f) in the case of a lot of onions inspected at a time other than at the time of shipping or repackaging, 5%, by weight, of the onions in the lot have permanent defects other than those referred to in paragraphs (a) to (d).

168. Condition defects apply against the grade of a lot of onions only when the lot is inspected at the time of shipping or repacking.

Grades and Requirements for Parsnips

Application

169. The grades and requirements set out in sections 170 to 173 apply to parsnip varieties grown from Pastinaca sativa, parsnips with tops being excluded.

Grades and Grade Names

170. The grades and grade names for parsnips are Canada No. 1 and Canada No. 2.

Requirements for All Grades

171. In addition to the requirements for each grade and subject to the general tolerances set out in sections 174 and 175, parsnips of all grades must

• (a) be properly packaged;
• (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.

Canada No. 1 Grade Requirements

172. (1) In this section, "reasonably clean" means the parsnips are

• (a) practically free from caked dirt, mould or decayed matter, and
• (b) reasonably free from staining or clinging dirt. (raisonnablement propres)

(2) In addition to meeting the requirements for all grades set out in section 171, parsnips graded Canada No. 1 must

• (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%, by weight, of the parsnips in a lot do not exceed 13 mm (½ 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 labelled on the package or on a label attached to the package,
    • (B) be packaged in a transparent package, or
    • (C) be present in a bulk display in a retail store, or
  • (iii) have a minimum diameter of 44 mm (1 ¾ inches) or greater and be prepackaged in a package on which is labelled or indicated on a label attached to the package, the size designation "44 mm and up" or "1 ¾ inches and up", or the greater minimum size designation that may be applicable;
• (f) if consumer prepackaged parsnips, not vary by more than 38 mm (1 ½ inches) in diameter;
• (g) have a minimum length of 127 mm (5 inches); and
• (h) be free from any other damage, defect or combination of damage and defect that
  • (i) materially affects the appearance, edibility or shipping quality of the parsnips, or
  • (ii) cannot be removed without a loss of more than 5% of the weight of a parsnip.

Canada No. 2 Grade Requirements

173. In addition to meeting the requirements for all grades set out in section 171, parsnips graded Canada No. 2 must

• (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, defect or combination of damage and defects 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% of the weight of a parsnip.

General Tolerances

174. In the grading of parsnips, the requirements set out in sections 171 to 173, as applicable, are considered to be met in the case of a lot of parsnips if not more than

• (a) 4%, by weight, of the parsnips in the lot have less than the minimum diameter or are shorter than the minimum length;
• (b) 8%, by weight, of the parsnips in the lot exceed the maximum diameter or the maximum length;
• (c) 10% of the packages in a lot of consumer prepackaged parsnips graded Canada No. 1 contain parsnips that exceed the maximum size variation set out in paragraph 172(2)(f);
• (d) in the case of a lot of parsnips inspected at the time of shipping or repackaging, 6%, by weight, of the parsnips in the lot have defects other than those referred to in paragraphs (a) to (c), including not more than 2% that are affected by decay; and
• (e) in the case of a lot of parsnips inspected at a time other than at the time of shipping or repackaging, 6%, by weight, of the parsnips in the lot have permanent defects other than those referred to in paragraphs (a) to (c).

175. Condition defects apply against the grade of a lot of parsnips only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Potatoes

Application

176. The grades and requirements set out in sections 177 to 180 apply to potato varieties grown from Solanum tuberosum, potatoes for seed being excluded.

Grades and Grade Names

177. The grades and grade names for potatoes are Canada No. 1 and Canada No. 2.

Requirements for All Grades

178. (1) In addition to the requirements for each grade and subject to the tolerances set out in section 181, potatoes of all grades must

• (a) be properly packaged;
• (b) be not artificially coloured;
• (c) have similar varietal characteristics;
• (d) be free from damage caused by freezing;
• (e) be free from bacterial ring rot, black heart or other decay;
• (f) be free from insects or worms within the flesh of a potato; and
• (g) if the potatoes are packaged in cartons, meet the following requirements in respect of diameter, weight or count, namely,
  • (i) if the cartons are labelled with
    • (A) a count designation, the potatoes must have a minimum diameter as set out in paragraph 179(2)(i) or (j) or 180(2)(h), according to the variety and grade of the potatoes, or
    • (B) one of the size designations set out in Column 1 of an item of the Table of Minimum and Maximum Weights for Potato Size Designations, the potatoes must meet the minimum weight and maximum weight requirements set out in Columns 2 and 3 respectively of that item,
  • (ii) not more than 10% of the cartons may contain not more than 5% fewer or more potatoes than the count designation shown on the label, and
  • (iii) if the potatoes are packaged in cartons that are labelled with the designation "283 g minimum" or "10 oz minimum", the potatoes have a minimum weight of 283 g (10 oz).

(2) Despite paragraph (1)(c), potatoes meeting the requirements in respect of diameter set out in clauses 179(2)(i)(i)(A) and (iii)(A), in packages of 1.36 kg (3 lb) or less, or 2.27 kg (5 lb), may be of different varietal characteristics if packaged in approximately equal proportions.

Canada No. 1 Grade Requirements

179. (1) In this section, "reasonably clean" means

• (a) the potatoes are reasonably free from dirt, and
• (b) if the potatoes are in a package, there is not more than a slight amount of loose dirt or foreign material in the package. (raisonnablement propres)

(2) In addition to meeting the requirements for all grades set out in section 178, potatoes graded Canada No. 1 must

• (a) be reasonably clean;
• (b) be not materially pointed, materially dumb-bell shaped or otherwise materially deformed;
• (c) not have more than one knob removed, if
  • (i) the area affects more than 5% of the surface area, or
  • (ii) the affected area is rough or jagged;
• (d) be free from any individual or clusters of sprouts that at the time of shipping or repackaging
  • (i) exceed 6 mm (¼ inch) in length, and
  • (ii) affect more than 5% of the potatoes in a lot;
• (e) be free from any individual or clusters of sprouts that at a time other than at the time of shipping or repackaging
  • (i) exceed 13 mm (½ inch) in length, and
  • (ii) affect more than 5% of the potatoes in a lot;
• (f) be not shrivelled or flabby;
• (g) be free from greening that
  • (i) penetrates the flesh of a potato to a depth that when removed causes a loss of more than 5% of the total weight of the potato, or
  • (ii) affects more than 25% of the surface area of a potato;
• (h) 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% of the surface flesh exposed;
• (i) subject to paragraph (j), meet the following requirements in respect of diameter or weight, namely,
  • (i) in the case of a round variety of potatoes,
    • (A) if the potatoes are labelled with the size designation "38 mm to 57 mm" or "1 ½ inches to 2 ¼ inches" or with the words "Small Round", and are packaged in containers of 1.36 kg (3 lb) or less, 2.27 kg (5 lb), 22.7 kg (50 lb), 34 kg (75 lb) or 45.4 kg (100 lb), or in the case of prepackaged potatoes other than consumer prepackaged potatoes, in containers of 50 kg (110 lb), the potatoes must have a minimum diameter of 38 mm (1 ½ inches) and a maximum diameter of 57 mm (2 ¼ inches), and
    • (B) if clause A does not apply, the potatoes must have
      • (I) a minimum diameter of 57 mm (2 ¼ inches) and a maximum diameter of 89 mm (3 ½ inches), or
      • (II) a minimum weight of 142 g (5 ounces) and a maximum weight of 340 g (12 ounces),
  • (ii) in the case of a long variety of potatoes,
    • (A) if the potatoes are labelled with the size designation "38 mm to 51 mm" or "1 ½ inches to 2 inches", or with the words "Small Long", and are packaged in containers of 1.36 kg (3 lb) or less, 2.27 kg (5 lb), 22.7 kg (50 lb), 34 kg (75 lb) or 45.4 kg (100 lb) or in the case of prepackaged potatoes other than consumer prepackaged potatoes, in containers of 50 kg (110 lb), the potatoes must have a minimum diameter of 38 mm (1 ½ inches) and a maximum diameter of 51 mm (2 inches), except that in the case of long non-russet varieties, the potatoes may have a maximum diameter of 57 mm (2 ¼ inches) if the potatoes are labelled with the words "Non-Russet" in addition and in close proximity to the size designation "38 mm to 57 mm" or "1 ½ inches to 2 ¼ inches" or to the words "Small Long", and
    • (B) if clause (A) does not apply, the potatoes
      • (I) must 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 ½ inches) or a maximum weight of 340 g (12 ounces), except that potatoes 89 mm (3 ½ inches) or more in length may have a minimum diameter of 44 mm (1 ¾ inches) and, in either case, at least 60%, by weight, of the potatoes in the lot must have a diameter of at least 57 mm (2 ¼ inches) or a weight of at least 142 g (5 ounces), or
      • (II) if the potatoes are labelled with the size designation "48 mm to 76 mm" or "1 ⅞ inches to 3 inches" and are being sent from one province to another, the potatoes must have a minimum diameter of 48 mm (1 ⅞ inches) and a maximum diameter of 76 mm (3 inches), or a maximum weight of 283 g (10 ounces), and at least 75%, by weight, of the potatoes in the lot have a diameter of at least 51 mm (2 inches) or a weight of at least 113 g (4 ounces), and
  • (iii) if the potatoes
    • (A) are of any variety and are labelled with the size designation "19 mm to 41 mm" or "¾ inch to 1 ⅝ inches", or with the word "Creamer", the potatoes must have a minimum diameter of 19 mm (¾ inch) and a maximum diameter of 41 mm (1 ⅝ inches),
    • (B) are of any variety and are labelled with the size designation "70 mm to 114 mm" or "2 ¾ inches to 4 ½ inches" or with the word "Chef", the potatoes must have
      • (I) a minimum diameter of 70 mm (2 ¾ inches) and a maximum diameter of 114 mm (4 ½ inches), or
      • (II) a minimum weight of 227 g (8 ounces) and a maximum weight of 794 g (28 ounces); or
    • (C) are of any variety and are labelled with the size designation "76 mm to 114 mm" or "3 inches to 4 ½ inches" or with the word "Large", the potatoes must have
      • (I) a minimum diameter of 76 mm (3 inches) and a maximum diameter of 114 mm (4 ½ inches), or
      • (II) a minimum weight of 283 g (10 ounces) and a maximum weight of 794 g (28 ounces);
• (j) in the case of new potatoes, meet the requirements in respect of diameter or weight that are set out in paragraph (i), 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 ¼ inches) or a minimum weight of 142 g (5 ounces), may have a minimum diameter of 48 mm (1 ⅞ inches) if the new potatoes are
  • (i) of a round variety and are sent before October 1 in the year in which they were grown, or
  • (ii) of a long variety and are sent before July 1 in the year in which they were grown;
• (k) be free from blight;
• (l) be free from surface scab affecting more than 5% of the surface area of a potato;
• (m) be free from sunburn that, when removed, causes a loss of more than 5% of the weight of the potato;
• (n) be free from wireworm or grass root holes that
  • (i) affect the flesh of the potato, and
  • (ii) when removed, causes a loss of more than 5% of the weight of the potato;
• (o) 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;
• (p) be free from any of the following types of damage that cannot be removed without the loss of more than 5% of the weight of a potato, namely,
  • (i) internal discolouration, and
  • (ii) ingrown sprouts;
• (q) 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 5% of the weight of a potato, namely,
  • (i) bruises,
  • (ii) air cracks,
  • (iii) pitted scab, and
  • (iv) flea-beetle damage;
• (r) be free from hollow heart that
  • (i) affects an area more than that of a circle of 13 mm (½ inch) in diameter in a potato 63 mm (2 ½ inches) in diameter or 170 g (6 ounces) in weight, and
  • (ii) in the case of a potato that has a greater or lesser diameter or weight than that set out in subparagraph (i), affects an area that exceeds that of a circle of a diameter that is proportional to the diameter or weight of the potato, set out in that subparagraph;
• (s) be free from any damage, defect or combination of damage and defects that materially affects the appearance of a potato, including healed-over flesh, rhizoctonia or silver scurf; and
• (t) be free from any other damage, defect or combination of damage and defects 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 5% of the weight of the potato.

Canada No. 2 Grade Requirements

180. (1) In this section, "slightly dirty" means

• (a) there is an appreciable amount of dirt adhering to the potatoes; and
• (b) if the potatoes are in a package, there is not more than a moderate amount of loose dirt or foreign material in the package.

(2) In addition to meeting the requirements for all grades set out in section 178, potatoes graded Canada No. 2 must

• (a) be not more than slightly dirty;
• (b) be not seriously pointed, seriously dumb-bell shaped or otherwise seriously deformed;
• (c) be free from any individual or clusters of sprouts that at the time of shipping or repackaging
  • (i) exceed 13 mm (½ inch) in length, and
  • (ii) affect more than 10% of the potatoes in the lot;
• (d) be free from any individual or clusters of sprouts that at a time other than at the time of shipping or repackaging
  • (i) exceed 25 mm (1 inch) in length, and
  • (ii) affect more than 10% of the potatoes in the lot;
• (e) have not had their appearance materially affected by the removal of knobs;
• (f) be free from greening that
  • (i) penetrates the flesh of a potato to a depth that when removed causes a loss of more than 10% of the total weight of the potato, or
  • (ii) affects more than 50% of the surface area of a potato;
• (g) be reasonably firm;
• (h) have a minimum diameter of 44 mm (1 ¾ inches) and a maximum diameter of 114 mm (4 ½ inches) or a maximum weight of 794 g (28 ounces) with not less than 75% by weight of the potatoes in the lot having a diameter of at least 51 mm (2 inches) or a weight of at least 113 g (4 ounces);
• (i) be free from blight that
  • (i) is not dry, or
  • (ii) is dry but cannot be removed without the loss of more than 5% of the weight of a potato;
• (j) be free from surface scab that affects more than 25% of the surface area of a potato;
• (k) 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 10% of the weight of the potato;
• (l) 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;
• (m) be free from any of the following types of damage that cannot be removed without the loss of more than 10% of the weight of a potato, namely,
  • (i) sunburn,
  • (ii) internal discolouration, and
  • (iii) ingrown sprouts;
• (n) 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% of the weight of the potato, namely,
  • (i) bruises,
  • (ii) air cracks,
  • (iii) pitted scab, and
  • (iv) flea-beetle damage;
• (o) be free from hollow heart that
  • (i) affects an area more than that of a circle of 19 mm (¾ inch) in diameter in a potato 63 mm (2 ½ inches) in diameter or 170 g (6 ounces) in weight, and
  • (ii) in the case of a potato that has a greater or lesser diameter or weight than that set out in subparagraph (i), affects an area that exceeds that of a circle of a diameter that is proportional to the diameter or weight of the potato, set out in that subparagraph;
• (p) be free from any other damage or defect or a combination of damage and defects 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% of the weight of the potato.

General Tolerances

181. (1) In the grading of potatoes into Canada No. 1 grade, the requirements set out in sections 178 and 179, as applicable, are considered to be met in the case of a lot of potatoes if not more than

• (a) 10%, by weight, of the potatoes in the lot have more than 10% of the surface flesh exposed;
• (b) 3%, by weight, of the potatoes in the lot are smaller than the required or specified minimum size, or, in the case of potatoes packaged to meet a minimum size of 57 mm (2 ¼ inches) or larger in diameter or 142 grams (5 ounces) or more in weight, 5%, by weight, of the potatoes in the lot are smaller than the required or specified size;
• (c) 10%, by weight, of the potatoes in the lot are larger than any required or specified maximum size; and
• (d) in the case of a lot of potatoes inspected at the time of shipping or repackaging,
  • (i) 5%, by weight, of the potatoes in the lot are affected by sprouts; and
  • (ii) 8%, by weight, of the potatoes in the lot have defects other than sprouts and those referred to in paragraphs (a), (b), and (c) including not more than
    • (A) 5% that are affected by external defects,
    • (B) 5% that are affected by internal defects, and
    • (C) 1% that are affected by decay; and
• (e) in the case of a lot of potatoes inspected at a time other than at the time of shipping or repackaging, 8%, by weight, of the potatoes in the lot have permanent defects other than those referred to in paragraphs (a), (b), and (c) including not more than
  • (i) 5% that are affected by external defects that are permanent, and
  • (ii) 5% that are affected by internal defects that are permanent.

(2) In the grading of potatoes into Canada No. 2 grade, the requirements set out in sections 178 and 180, as applicable, are considered to be met in the case of a lot of potatoes if not more than

• (a) 3%, by weight, of the potatoes in the lot are smaller than the required or specified minimum size, or, in the case of potatoes packaged to meet a minimum size of 57 mm (2 ¼ inches) or larger in diameter or 142 grams (5 ounces) or more in weight, 5%, by weight, of the potatoes in the lot are smaller than the required or specified size;
• (b) 10%, by weight, of the potatoes in the lot are larger than any required or specified maximum size;
• (c) in the case of a lot of potatoes inspected at the time of shipping or repacking,
  • (i) 10%, by weight, of the potatoes in the lot are affected by sprouts; and
  • (ii) 10%, by weight, of the potatoes in the lot have defects other than sprouts and those referred to in paragraphs (a) and (b), including not more than
    • (A) 6% that are affected by external defects,
    • (B) 6% that are affected by internal defects, and
    • (C) 1% that are affected by decay; and
• (d) in the case of a lot of potatoes inspected at a time other than at the time of shipping or repackaging, 10%, by weight, of the potatoes in the lot have permanent defects other than those referred to in paragraphs (a) and (b), including not more than
  • (i) 6% that are affected by external defects that are permanent, and
  • (ii) 6% that are affected by internal defects that are permanent.

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

Grades and Requirements for Rutabagas

Application

182. The grade and the requirements set out in sections 183 and 184 apply to rutabaga varieties grown from Brassica napobrassica.

Grade and Grade Name

183. The grade and grade name for rutabagas is Canada No. 1.

Canada No. 1 Grade Requirements

184. Subject to the general tolerances set out in sections 185 and 186, rutabagas graded Canada No. 1 must

• (a) be properly packaged;
• (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 necks do not exceed 19 mm (¾ 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) if prepackaged, meet the following requirements in respect of their diameter, namely,
  • (i) the rutabagas must have a minimum and maximum diameter as labelled on the package or on a label attached to the package,
  • (ii) the rutabagas must have a minimum diameter of 51 mm (2 inches) and a maximum diameter of 102 mm (4 inches), and have the word "Small" labelled on the package or on a label attached to the package,
  • (iii) before September 1 in each crop year, if the minimum diameter is 76 mm (3 inches) and the maximum diameter is 140 mm (5 ½ inches) and, after August 31, if the minimum diameter is 89 mm (3 ½ inches) and the maximum diameter is 140 mm (5 ½ inches), the words "Small Medium" must be labelled on the package or on a label attached to the package,
  • (iv) if the minimum diameter is 102 mm (4 inches) and the maximum diameter is 152 mm (6 inches), the word "Medium" must labelled on the package or on a label attached to the package, or
  • (v) if the minimum diameter is 127 mm (5 inches) and the maximum diameter is 178 mm (7 inches), the word "Large" must be labelled on the package or on a label attached to the package;
• (i) if prepackaged, not vary by more than 51 mm (2 inches) in diameter, except in the case of "Small Medium" rutabagas packaged before September 1 in each crop year;
• (j) be free from decay;
• (k) be free of 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 (⅛ inch), in the case of rutabagas having a diameter from 51 mm (2 inches) to 102 mm (4 inches),
    • (B) 6 mm (¼ 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 (⅜ 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% of the surface area of the lower half of a rutabaga; and
• (o) be free from any other damage, defect or combination of damage and defects that
  • (i) materially affects the appearance, edibility or shipping quality of the rutabagas, or
  • (ii) cannot be removed without the loss of more than 5% of the weight of a rutabaga.

General Tolerances

185. In the grading of rutabagas, the requirements set out in section 184 are considered to be met if up to

• (a) 10%, 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 (½ inch) less than the minimum diameter as set out in paragraph 184(h);
• (b) 10%, 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 (½ inch) as set out in paragraph 184(h);
• (c) in the case of a lot of rutabagas inspected at the time of shipping or repackaging, 10%, by weight, of the rutabagas in the lot have defects other than those referred to in paragraphs (a) and (b), including not more than 5% that are affected by decay; and
• (d) in the case of a lot of rutabagas inspected at a time other than at the time of shipping or repackaging, 10%, by weight, of the rutabagas in the lot have permanent defects other than those referred to in paragraphs (a) and (b).

186. Condition defects apply against the grade of a lot of rutabagas only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Field Tomatoes

Application

187. (1) The grades and requirements set out in sections 188 to 191 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.

(2) The grades and requirements referred to in subsection (1) do not apply to cherry tomatoes.

Grades and Grade Names

188. The grades and grade names for field tomatoes are Canada No. 1 and Canada No. 2.

Requirements for All Grades

189. (1) The following definitions apply in this section.

"firm-ripe" means

• (a) a tomato has at least 75% of its surface area of a pink or red colour; and
• (b) if tomatoes are prepackaged, that
  • (i) not less than 90%, by count, of the tomatoes in a lot are firm-ripe, and
  • (ii) not more than 10%, by count, of the tomatoes in a lot are semi-ripe. (fermes et mûres)

"mature" means

• (a) that 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) if tomatoes are prepackaged, that
  • (i) in the case of tomatoes grown in British Columbia or Manitoba,
    • (A) not less than 75%, by count, of the tomatoes in a lot are mature, and
    • (B) not more than 25%, 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%, by count, of the tomatoes in a lot are mature, and
    • (B) not more than 10%, by count, of the tomatoes in a lot are turning. (parvenues à maturité)

"semi-ripe" means

• (a) a tomato has not less than 25% and not more than 75% of its surface area of a pink or red colour; and
• (b) if tomatoes are prepackaged, that
  • (i) not less than 90%, by count, of the tomatoes in a lot are semi-ripe, and
  • (ii) not more than 10%, by count, of the tomatoes in a lot are firm-ripe or turning. (demi-mûres)

"turning" means

• (a) a tomato has not more than 25% of its surface area of a pink or red colour; and
• (b) if tomatoes are prepackaged, that
  • (i) not less than 90%, by count, of the tomatoes in a lot have the colour described in paragraph (a), and
  • (ii) not more than 10%, by count, of the tomatoes in a lot are mature or semi-ripe. (mûrissantes)

(2) In addition to the requirements for each grade and subject to the general tolerances set out in section 192, field tomatoes of all grades must

• (a) be properly packaged;
• (b) have similar varietal characteristics;
• (c) if prepackaged, 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 ¼ inches);
• (e) be sound; and
• (f) be free from water blisters or open wet cracks.

Canada No. 1 Grade Requirements

190. (1) In this section, "clean" means a tomato is not contaminated and is free from dirt, dust, spray residue, wax marks or other foreign material. (propres)

(2) In addition to meeting the requirements for all grades set out in section 189, field tomatoes graded Canada No. 1 must

• (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 if prepackaged in a closed package, with the exception of packages with only one tomato, have a maximum variation in diameter of 25 mm (1 inch), or
  • (ii) a minimum diameter of 38 mm (1 ½ inches) and a maximum diameter of 51 mm (2 inches), where prepackaged in a package on which is labelled the size designation "Small" or "38 mm to 51 mm" or "1 ½ 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 (¾ inch) if the cracks are radial from the stem end, and
    • (B) the circumference of a circle 32 mm (1 ¼ 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 (½ 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, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the tomatoes.

Canada No. 2 Grade Requirements

191. (1) In this section, "reasonably clean" means a tomato is not contaminated and is reasonably free from dirt, dust, spray residue, wax marks or other foreign material. (raisonnablement propres)

(2) In addition to meeting the requirements for all grades set out in section 189, field tomatoes graded Canada No. 2 must

• (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 ¾ inches);
• (d) be free from blossom-end scars that
  • (i) are rough or indented, or
  • (ii) exceed 5% of the surface area of a tomato; and
• (e) be free from any other damage, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the tomatoes.

General Tolerances

192. (1) In the grading of field tomatoes, the requirements set out in sections 190 and 191, as applicable, are considered to be met if

• (a) not more than 10%, by count, of the field tomatoes in a lot inspected at the time of shipping or repackaging have defects, including not more than
  • (i) 3% that are affected by soft areas, water blisters, open wet cracks or decay, and
  • (ii) 5% that have the same permanent defect other than a defect referred to in subparagraphs (c) (i) to (iii);
• (b) not more than 10%, by count, of the field tomatoes in a lot inspected at a time other than at the time of shipping or repackaging have permanent defects other than those referred to in subparagraphs (c) (i) to (iii), including not more than 5% that have the same permanent defect; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than
  • (i) 5%, by count, of the tomatoes in the lot have less than the minimum diameter,
  • (ii) 5%, by count, of the tomatoes in the lot exceed the maximum diameter,
  • (iii) 10% of the packages in the lot contain tomatoes that exceed the maximum diameter variation set out in subparagraph 190(2)(d)(i),
  • (iv) in the case of tomatoes grown in British Columbia or Manitoba, 25%, 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%, by count, of the tomatoes in the lot vary in maturity by not more than one degree of maturity.

(2) Condition defects apply against the grade of a lot of field tomatoes only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Greenhouse Tomatoes

Application

193. (1) The grades and requirements set out in sections 194 to 198 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 189 and 190 also apply to greenhouse tomatoes.

Grades and Grade Names

194. The grades and grade names for greenhouse tomatoes are Canada No. 1, Canada Commercial and Canada No. 2.

Requirements for All Grades

195. In addition to the requirements for each grade and subject to the general tolerances set out in section 199, greenhouse tomatoes of all grades must

• (a) be properly packaged;
• (b) have similar varietal characteristics;
• (c) be clean and sound;
• (d) be free from growth cracks that are not well healed; and
• (e) if prepackaged, have reached one of the following stages of development, namely, "mature", "turning", "semi-ripe", or "firm-ripe".

Canada No. 1 Grade Requirements

196. In addition to meeting the requirements for all grades set out in section 195, greenhouse tomatoes graded Canada No. 1 must

• (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) if prepackaged, with the exception of packages with only 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 (½ inch) in all other cases;
• (e) have a minimum diameter of
  • (i) 38 mm (1 ½ inches), or
  • (ii) 73 mm (2 ⅞ inches) if they are labelled 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 (¼ inch) of the stem scar; and
• (h) be free from any other damage, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the tomatoes.

Canada Commercial Grade Requirements

197. In addition to meeting the requirements for all grades set out in section 195, greenhouse tomatoes graded Canada Commercial must

• (a) if 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 ½ inches); and
• (c) in all other respects, meet the requirements of Canada No. 1 grade.

Canada No. 2 Grade Requirements

198. In addition to meeting the requirements for all grades set out in section 195, greenhouse tomatoes graded Canada No. 2 must

• (a) be free from blotchy ripening that affects more than
  • (i) 15% of the surface area of a tomato, or
  • (ii) 15%, by count, of the tomatoes in a lot.
• (b) be not badly misshapen;
• (c) have a minimum diameter of 38 mm (1 ½ 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, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the tomatoes.

General Tolerances

199. (1) In the grading of greenhouse tomatoes, the requirements set out in sections 196 to 198, as applicable, are considered to be met if

• (a) not more than 5%, by count, of the greenhouse tomatoes in a lot inspected at the time of shipping or repackaging have defects, including not more than 1% that are affected by decay;
• (b) not more than 5%, by count, of the greenhouse tomatoes in a lot inspected at a time other than at the time of shipping or repackaging have permanent defects; and
• (c) in either of the cases referred to in paragraphs (a) and (b), not more than
  • (i) 5%, by count, of the tomatoes in the lot have less than the minimum diameter,
  • (ii) 10%, by count, of the packages in the lot contain tomatoes that exceed the maximum diameter variation set out in paragraph 196(d), and
  • (iii) 10%, by count, of the packages in a lot of greenhouse tomatoes graded Canada Commercial contains greenhouse tomatoes that do not meet the requirements for shape of the Canada Commercial grade.

(2) Condition defects apply against the grade of a lot of greenhouse tomatoes only when the lot is inspected at the time of shipping or repackaging.

Grades and Requirements for Greenhouse Miniature Seedless Cucumbers

Application

200. (1) Subject to subsection (2), the grades and requirements set out in sections 201 to 205 apply to greenhouse miniature seedless cucumber varieties grown from Cucumis sativus in artificial conditions under glass or other protective covering.

(2) The grades and requirements referred to in subsection (1) do not apply to greenhouse miniature seedless cucumbers for packaging in a hermetically sealed package, freezing, concentrating, pickling, or otherwise to assure preservation during transport, distribution and storage.

Grades and Grade Names

201. The grades and grade names for greenhouse miniature seedless cucumbers are Canada No. 1, Canada No. 2 and Canada Utility.

Requirements for All Grades

202. (1) In this section, "clean" means the cucumber is practically free from dirt or other foreign material. (propre)

(2) In addition to the requirements for each grade and subject to the general tolerances set out in section 206, greenhouse miniature seedless cucumbers of all grades must

• (a) be properly packaged;
• (b) have similar varietal characteristics;
• (c) be clean and free of disease;
• (d) be free of chilling damage; and
• (e) be fresh, sound and firm.

Canada No. 1 Grade Requirements

203. In addition to meeting the requirements for all grades set out in section 202, greenhouse miniature seedless cucumbers graded Canada No. 1 must

• (a) have a good characteristic green colour over at least 85% of the surface area of each cucumber;
• (b) have a minimum length of 102 mm (4 inches);
• (c) be free of cuts;
• (d) be free from shrivelled ends that materially affect the appearance of the cucumbers; and
• (e) be free from any other damage, defect or combination of damage and defects that materially affects the appearance, edibility or shipping quality of the cucumbers.

Canada No. 2 Grade Requirements

204. In addition to meeting the requirements for all grades set out in section 202, greenhouse miniature seedless cucumbers graded Canada No. 2 must

• (a) have a good characteristic green colour over at least 75% of the surface of each cucumber;
• (b) have a minimum length of 102 mm (4 inches);
• (c) be free from unhealed cuts and free from healed cuts that exceed 13 mm (1/2 inch) in length;
• (d) be free from shrivelled ends that seriously affect the appearance of the cucumbers; and
• (e) be free from any other damage, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the cucumbers.

Canada Utility Grade Requirements

205. In addition to meeting the requirements for all grades set out in section 202, greenhouse miniature seedless cucumbers graded Canada Utility must

• (a) be free from unhealed cuts and free from healed cuts that exceed 19 mm (3/4 inch) in length;
• (b) be free from shrivelled ends that seriously affect the appearance of the cucumbers; and
• (c) be free from any other damage, defect or combination of damage and defects that seriously affects the appearance, edibility or shipping quality of the cucumbers.

General Tolerances

206. (1) In the grading of greenhouse miniature seedless cucumbers into Canada No. 1, Canada No. 2 and Canada Utility grades, the requirements set out in sections 203 to 205, as applicable, are considered to be met where

• (a) not more than 5%, by count, of the greenhouse miniature seedless cucumbers in a lot inspected at the time of shipping or repackaging, have defects including not more than 1% that are affected by decay; and
• (b) not more than 5%, by count, of the greenhouse miniature seedless cucumbers in a lot inspected at a time other than at the time of shipping or repackaging, have permanent defects.

(2) Condition defects apply against the grade of a lot of greenhouse miniature seedless cucumbers only when the lot is inspected at the time of shipping or repackaging.