1. (a) 40 percent or more of the opening is covered with a material that is part of the construction of the container or is attached to the container opening.
2. (b) Notwithstanding subdivision (a), container 38M shall also be considered covered when 90 percent or more of the opening of the container is covered with a wrap, curtain, or pad that is held in place by the weight of the grapes in the container. A liner that is placed inside the container and closed by sealing shall be considered as covering the opening.

3. (c) Openings in the closing material that facilitate cooling or that are necessary for attaching the material to the container shall be considered as complying with subdivisions (a) and (b).

   Containers of table grapes need not meet this requirement when in a retail store and open for display to persons who purchase grapes for their own consumption.

All varieties of table grapes shall be in standard containers that have the top opening of the container covered as specified below.

Note: Authority cited: Sections 407 and 42682, Food and Agricultural Code. Reference: Section 42941, Food and Agricultural Code.

History

1. Amendment and renumbering from Section 1432.8 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).

2. Amendment filed 7-18-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 30).

3. Amendment filed 1-6-2003; operative 2-5-2003 (Register 2003, No. 2).