1. (a) When the issue clearly embodies only the matter of interpretation of U.S. grade defects, which are not included in this group or if the defect is included in this group but the tolerance is more restrictive in the U.S. grade than contained in this group, then interpretation by the federal agency shall be final and accepted.
2. (b) When the product in question, either certified as meeting the U.S. grade by the federal agency or not, meets the requirements of a particular U.S. grade and the minimum standards in the California Administrative Code are more restrictive than the U.S. grade in question, then the commodity is subject to rejection under the California Administrative Code and the application of the U.S. grade shall not be construed to alter this situation. For example: If a U.S. grade permits 10 percent insect injury and the minimum standards of this group permits only 5 percent of like injury, then the California Administrative Code prevails. This same situation could apply to defective conditions independent of tolerances for defects.
3. (c) There may be a few situations where similar defective conditions are contained both in the U.S. grades and in the minimum standards of the California Administrative Code where federal grade interpretation and certification indicates that the product complies with the grade but fails to meet the minimum standards and would be cause for rejection under this group.

This pertains to the enforcement of the fruit and vegetable standards on products which are marked with U.S. grade designations, some of which are accompanied by federal or federal-state inspection certificates. Difficulties arise when rejections are made, or contemplated, for failure to meet the U.S. grade as marked if the lot carries a certificate attesting to the fact that the product does meet the grade as marked, or if an appeal inspection supports the original certification that the products do meet the grade as marked.

As to the interpretation of the U.S. grades, the U.S. Department of Agriculture representatives include Shipping Point Inspection members as the official administrators of the U.S. grades in California, and their conclusion as to the status of a given lot or commodity, when based entirely upon U.S. grade specifications, shall be final, and the enforcement officers shall accept and follow their interpretations of the U.S. grades.

Some situations which may illustrate the application of this principle are as follows:

History

1. New section filed 7-7-55; effective thirtieth day thereafter (Register 55, No. 10).

2. Amendment and renumbering from Section 1378 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).

3. Amendment of subsections (a) and (c) filed 6-13-75; effective thirtieth day thereafter (Register 75, No. 24).