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maximum of 16.7 percent which may be below C Quality not more than 11.7 percent may be Dirties or Checks in any combination and not more than 5 percent may be Loss.

(e) "U.S. Dirties" shall consist of eggs that are Dirty and shall contain not more than 11.7 percent Checks and not more than 5 percent Loss.

(f) "U.S. Checks" shall consist of eggs that are Checks and shall contain not more than 5 percent Loss.

[20 FR 9895, Dec. 23, 1955, as amended at 28 FR 6347, June 20, 1963]

§ 56.227 Summary of grades.

States

A summary of the United Wholesale Grades for Shell Eggs follows as Table I of this section:

TABLE 1-SUMMARY OF UNITED STATES WHOLESALE GRADES FOR SHELL EGGS

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1 Substitution of eggs possessing higher qualities for those possessing lower specified qualities is permitted.
The actual total percentage must be stated in the grade name.
[20 FR 9896, Dec. 23, 1955]

§ 56.228 Weight classes.

section and, subject to the stated tolerance of 10 percent, shall apply to all wholesale grades except U.S. Dirties and U.S. Checks. There are no weight classes for U.S. Dirties or U.S. Checks.

(a) The weight classes for the United States Wholesale Grades for Shell Eggs shall be as indicated in Table I of this TABLE I-WEIGHT CLASSES FOR UNITED STATES WHOLESALE GRADES FOR SHELL EGGS

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1 Lot means any quantity of 30 dozen or more eggs.

26 ounces....
23 ounces..
20 ounces..
None..

Under 26 but not under 24 ounces.
Under 23 but not under 21 ounces.
Under 20 but not under 18 ounces.
None.

Case means standard 30 dozen egg case as used in commercial practice in the United States.

[20 F.R. 679, Feb. 1, 1955, as amended at 20 F.R. 4176, June 15, 1955; 20 F.R. 10015, Dec. 29, 1955]

U.S. NEST-RUN GRADE AND WEIGHT
CLASSES FOR SHELL EGGS

§ 56.230

Grade.

"U.S. Nest Run *** percent AA Quality" shall consist of eggs of current production of which at least 20 percent are

AA quality; and the actual percentage of AA quality eggs shall be stated in the grade name. Within the maximum of 15 percent which may be below A quality, not more than 10 percent may be B quality and C quality combined for shell texture, shape, interior quality (including

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Substitution of eggs of higher qualities for lower specified qualities is permitted.

2 Stains (other than rusty or blackish appearing cage marks or blood stains), and adhering dirt and foreign material on the shell less than 2 inch in diameter shall not be considered as quality factors in determining the grade designation.

No case may contain less than 10 percent AA quality.

4 No case may contain less than 75 percent A quality and AA quality eggs in any combination.

5 Cage marks which are rusty or blackish in appearance shall be considered as quality factors. Marks which are slightly gray in appearance are not considered as quality factors.

The actual total percentage must be stated in the grade name.

[37 FR 22791, Oct. 25, 1972, as amended at 40 FR 20056, May 8, 1975]

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(4) Center partition must be held in position in center of case.

Type F Case

(1) Double-faced corrugated fiberboard. (2) 65-pound box with 220 pounds per square inch of bursting strength.

(3) Center partition must be of double thickness and not less than 200 pounds per square inch bursting strength. Also, a flange on each side not less than % of an inch wide which must be fastened to sidewalls with at least 5 staples equally spaced between top and bottom.

(4) The two thicknesses forming center partition must be stapled together.

(5) Fiberboard forming center partition must extend over entire area of bottom providing double thickness.

(6) Ends must be double wall corrugated fiberboard, testing not less than 350 pounds with flanges not less than % of an inch forming recessed ends. End must be stapled to sidewalls and bottom with not less than 6 staples.

(b) Each case must bear the certificate of the box maker that the box conforms to all construction requirements of the Uniform or Consolidated Freight Classification; also, this mark should show the bursting test (200 to 220 pounds per square inch) and the gross weight (65 or 90 pounds) of box.

(c) Sealing: The tops of all cases must be closed securely so they will not open during transportation, by applying a 3-inch gummed tape over all seams (made by the closing of the case). The tape shall extend down the sides and ends of the cases not less than 3 inches. [24 FR 6640, Aug. 15, 1959, as amended at 32 FR 8234, June 8, 1967]

NOTE: The reporting and/or recordkeeping requirements contained herein have been approved by the Office of Management and Budget in accordance with the Federal Reports Act of 1942.

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57.51

Principles governing application of standards.

57.52 Grades for straw.

AUTHORITY: The provisions of this Part 57 issued under 60 Stat. 1087, 62 Stat. 507; 7 U.S.C. 1621-1627, 414.

SOURCE: The provisions of this Part 57 appear at 14 F.R. 3433, June 24, 1949; 19 F.R. 57, Jan. 6, 1954, unless otherwise noted.

NOTE: The specifications of standards set forth in this part shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act (21 U. 8. O. 301 et seq.).

Subpart A-United States Standards for Hay

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For the purposes of the United States standards for hay:

(a) Hay. Hay shall be the harvested, unthreshed herbage of forage plants which meets requirements of any one of the various classes of groups I to XI, inclusive, as set forth in this subpart; is not both coarse and woody; contains not more than 35 percent of foreign material; and contains not more than 35 percent of moisture. The term "hay” shall include peanut vines from which the peanuts have been removed.

(b) Groups. The standards for hay shall be divided into eleven groups as follows: Group I, Alfalfa and Alfalfa Mixed hay; Group II, Timothy and Clover hay; Group III, Prairie hay; Group IV, Johnson and Johnson Mixed hay; Group V, Grain, Wild Oat, Vetch, and Grain Mixed hay; Group VI, Lespedeza and Lespedeza Mixed hay; Group VII, Soybean and Soybean Mixed hay; Group VIII, Cowpea and Cowpea Mixed hay; Group IX, Peanut and Peanut Mixed hay; Group X, Grass hay; and Group XI, Mixed hay.

(c) Classes. Each group of hay includes one or more classes which are based on the kind of hay or mixture of various kinds.

(d) Grades and grade designations. Grades are the numerical grades, sample grade, and special grades provided for in the classes of hay. A grade des

ignation is the formal expression of the class, quality, and condition of a lot or sample of hay and consists of the letters U. S., the grade number or Sample grade, the name of any applicable special grade or grades; and the class name.

(e) Forage plants. Forage plants shall be grasses, legumes, sedges, and rushes, which are harvested for hay and which have recognized feed value as determined by the Grain Division, Consumer and Marketing Service, United States Department of Agriculture.

(f) Alfalfa. Alfalfa may include not more than 10 percent (of the total forage plants) of clover, vetch hay, and/or other forage legumes, except that other legumes shall not be considered a part of the alfalfa in either of the classes Alfalfa Clover Mixed hay or Mixed hay. (g) Timothy. Timothy may include not more than 10 percent (of the total forage plants) of other grasses, except that other grasses shall not be considered a part of the timothy in any of the classes Timothy Light Grass Mixed hay, Timothy Heavy Grass Mixed hay, Grass hay, or Mixed hay.

(h) Clover. Clover shall be red clover, alsike clover, and/or white clover and may include not more than 10 percent (of the total forage plants) of alfalfa, vetch hay, and/or other forage legumes, except that alfalfa shall not be considered a part of the clover in the class Alfalfa Clover Mixed hay and other legumes shall not be considered a part of the clover in the class Mixed hay.

(1) Upland grasses. Upland grasses shall be bluestems (Andropogon spp.), gramagrasses (Bouteloua spp.), paspalums (Paspalum spp.), wheatgrasses (Agropyron spp.), prairie Junegrass (Koeleria cristata), Indiangrass (Sorghastrum nutans), and/or other upland grasses which grow commonly in virgin upland prairie meadows. Upland grasses may include not more than 10 percent (of the total forage plants) of midland grasses and/or other grasses, except that midland grasses shall not be considered a part of the upland grasses in any of the classes Midland Prairie hay, Upland-Midland Prairie Mixed hay, Grass hay, or Mixed hay and other grasses shall not be considered a part of the upland grasses in either of the classes Grass hay or Mixed hay.

NOTE: Questions relating to, or samples of, the kinds of grasses that may be included in upland grasses should be submitted to the Grain Division. Consumers and Marketing

Service, United States Department of Agriculture, for determination or interpretation.

(1) Midland grasses. Midland grasses shall be sloughgrass or prairie cordgrass (Spartina pectinata), bluejoint (Calamagrostis spp.), and/or sprangletop (Fluminea festucacea).

(k) Grasses. Grasses shall be any of the following, singly or in combination: (1) Redtop, orchardgrass, Kentucky bluegrass, Canada bluegrass, crabgrass, smooth bromegrass, ryegrass, barnyardgrass, quackgrass, paspalums, Bermuda grass, wheatgrasses; (2) the following grasses if early cut-wild-rye, annual bromegrasses (such as cheat), pigeongrass (sometimes called foxtail or wild millet), broomsedge; (3) such other grasses, sedges, and/or rushes as occur in hay meadows and are not otherwise provided for. Grasses may also include not more than 10 percent (of the total forage plants) of timothy, Johnson grass and/or grain hay, except that they shall not be considered a part of grasses in either of the classes Grass hay or Mixed hay.

(1) Johnson grass. Johnson grass may include not more than 10 percent (of the total forage plants) of other grasses and not more than 10 percent (of the total forage plants) of early-cut cane hay, except that other grasses shall not be considered a part of the Johnson grass in any of the classes Johnson Light Grass Mixed hay, Johnson Heavy Grass Mixed hay, Grass hay, or Mixed hay.

(m) Oat hay. Oat hay shall be hay, of all varieties of tame oats, which does not meet the requirements for red oat hay, and may include not more than 10 percent (of the total forage plants) of wheat hay and/or wild oat hay, and not more than 5 percent (of the total forage plants) of barley hay and/or grasses.

(n) Red oat hay. Red oat hay may include not more than 10 percent (of the total forage plants) of other varieties of tame oat hay, wheat hay, and/or wild oat hay, and not more than 5 percent (of the total forage plants) of barley hay and/or grasses.

(0) Wheat hay. Wheat hay may include not more than 10 percent (of the total forage plants) of oat hay and/or wild oat hay, and not more than 5 percent (of the total forage plants) of barley hay and/or grasses.

(p) Wild oat hay. Wild oat hay may include not more than 10 percent (of the total forage plants) of grasses.

(q) Barley hay. Barley hay may include not more than 10 percent (of the total forage plants) of other grain hay and not more than 5 percent (of the total forage plants) of grasses.

(r) Grain hay. Grain hay shall be hay of the following grains: oats, barley, wheat, rye, and/or wild oats.

(s) Vetch hay. Vetch hay may include not more than 10 percent (of the total forage plants) of alfalfa, clover, and/or other forage legumes, except that other legumes shall not be considered a part of the vetch hay in the class Mixed hay.

(t) Lespedeza.

Lespedeza (annual) may include not more than 10 percent (of the total forage plants) of alfalfa clover, vetch hay, and/or other forage legumes, except that other legumes shall not be considered a part of the lespedeza in the class Mixed hay.

(u) Soybean hay. Soybean hay may include not more than 10 percent (of the total forage plants) of cowpea hay, lespedeza, black medic (yellow trefoil), vetch hay, clover and/or other forage legumes, except that other legumes shall not be considered a part of the soybean hay in the class Mixed hay.

(v) Cowpea hay. Cowpea hay may include not more than 10 percent (of the total forage plants) of soybean hay. lespedeza, and/or other forage legumes, except that other legumes shall not be considered a part of the cowpea hay in the class Mixed hay.

(w) Peanut hay. Peanut hay shall be the leaves and stems of the peanut plant, including such portions of the roots and peanut pods as are normally present either before or after the peanuts have been removed, and may include not more than 10 percent (of the total forage plants) of soybean hay and/or other forage lugumes, except that other legumes shall not be considered a part of the peanut hay in the class Mixed hay.

(x) Legumes. Legumes shall be alfalfa, lespedeza, black medic (yellow trefoil), vetch hay, clover, and/or other plants of the pea family suitable for forage.

(y) Foreign material. Foreign material shall be any of the following, singly or in combination: (1) Weeds, threeawn or wire grasses (Aristida spp.), ticklegrass or winter bent (Agrostis hiemalis), lovegrasses (Eragrostis spp.); (2) the following grasses if maturewild-rye, annual bromegrasses (such as cheat), pigeongrass (sometimes called

foxtail or wild millet), broomsedge, needlegrasses (Stipa spp.) from which the needles have fallen; (3) such sedges, rushes, and/or other plants as are coarse and woody or otherwise not suitable for feeding purposes; (4) overripe grain hay, cornstalks, grain straw, stubble, chaff; and (5) other objectionable matter which occurs naturally in hay.

(z) Injurious foreign material. Injurious foreign material shall be any of the following, singly or in combination: Sandburs, poisonous plants, harsh bearded grasses (such as mature foxtail barley or squirreltallgrass, Hordeum jubatum), mature ripgut or broncho grass (Bromus rigidus), grasses having a sharp-pointed callus at the base of the seed (such as matured needlegrasses (Stipa spp.) with the needles attached), mature prairie three-awngrass (Aristida oligantha), and other matter which is injurious when fed to livestock.

(aa) Filled grain. Filled grain in any of the grain hays shall be the kernels of grain which have reached the late dough stage and which may shrivel somewhat in drying.

(bb) Color. The term "percent of green color" refers to the amount of green color (green appearance), in fieldcured hay, computed as a percentage of the 100-percent green color of hay produced so as to have received no discoloration from maturity, sun bleach, dew. rain, or other damage.

NOTE: Field-cured hay which on casual examination appears to be of uniform green color, nearly always contains slight discolorations which materially lower the amount of green color from the perfect color standard. Thus the standard for the No. 1 grade in the various groups of hay represents an amount of color that is relatively high for field-cured hay.

§ 57.2 Principles governing application of standards.

The following principles shall apply in the determination of the classes and grades of all groups of hay.

(a) Basis of class and grade determinations. (1) The determination of foreign material, injurious foreign matrial, temperature, odor, and general condition shall be on the basis of the hay as a whole.

(2) The determination of class shall be on the basis of the total forage plants comprising the mixture.

(3) The determination of leafiness of alfalfa, clover, lespedeza, soybean hay, cowpea hay, and peanut hay shall be

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