944.106—Grapefruit import regulation.
(a)
Pursuant to Section 8e [7 U.S.C. Section 608e-1] of the Agricultural Marketing Agreement Act of 1937, as amended [7 U.S.C. 601-674 ], and Part 944 —Fruits; Import Regulations, the importation into the United States of any grapefruit is prohibited unless such grapefruit meet the following minimum grade and size requirements for each specified grapefruit classification:
| Grapefruit classification(1) | Regulation period(2) | Minimum grade(3) | Minimum diameter (inches)(4) |
|---|---|---|---|
| Seedless, red | On and after 11/13/00 | U.S. No. 1 | 35/16 |
| Seedless, except red | On and after 9/01/94 | U.S. No. 1 | 35/16 |
(c)
Terms and tolerances pertaining to grade and size requirements, which are defined in the United States Standards for Grades of Florida Grapefruit ( 7 CFR 51.750-51.784), and in Marketing Order No. 905 ( 7 CFR §§ 905.18 and 905.306 ), shall be applicable herein.
(d)
The Federal or Federal-State Inspection Service, Fruit and Vegetable Division, Agricultural Marketing Service, United States Department of Agriculture, is designated as the governmental inspection service for certifying the grade, size, quality, and maturity of grapefruit imported into the United States. Inspection by the Federal or Federal-State Inspection Service with evidence thereof in the form of an official inspection certificate, issued by the respective service, applicable to the particular shipment of grapefruit, is required on all such imports. The inspection and certification services will be available upon application in accordance with the Regulations Governing Inspection, Certification and Standards of Fresh Fruits, Vegetables, and Other Products ( 7 CFR part 51 ), and in accordance with the regulation designating inspection services and procedure for obtaining inspection and certification ( 7 CFR 944.400 ).
(e)
Any lot or portion thereof which fails to meet the import requirements, and is not being imported for purposes of consumption by charitable institutions, distribution by relief agencies, animal feed, or commercial processing into canned or frozen products or into a beverage base; prior to or after reconditioning may be exported or disposed of under the supervision of the Federal or Federal-State Inspection Service with the costs of certifying the disposal of said lot borne by the importer.
(f)
Any person may import up to 15 standard packed cartons (12 bushels) of grapefruit exempt from the requirements specified in this section.
(g)
Any grapefruit which fail to meet the import requirements prior to or after reconditioning may be exported or disposed of under the supervision of the Federal or Federal-State Inspection Service with the costs of certifying the disposal of such grapefruit borne by the importer.
(h)
The Secretary has determined that grapefruit imported into the United States are in most direct competition with grapefruit grown in Florida regulated under Marketing Order No. 905 ( 7 CFR part 905 ).
(i)
The grade, size, quality, and maturity requirements of this section shall not be applicable to grapefruit imported for consumption by charitable institutions, distribution by relief agencies, animal feed, or commercial processing into canned or frozen products or into a beverage base, but shall be subject to the safeguard provisions contained in § 944.350.