1. (a) have a volume not greater than 85 percent of the smallest size standard container established for a particular commodity provided this provision shall not apply to unbroken consumer-type containers filled entirely with apricots, cherries, grapes, nectarines, peaches, or plums, and

2. (b) regardless of the smallest size container, are not of a size that will hold more than 15 pounds of the commodity.

   In addition, this section shall not apply to containers filled entirely with berries or other commodities for which consumer-type containers are specifically defined by this group.

Fresh fruits, nuts, or vegetables in unbroken consumer-type containers are exempt from the standard container provisions in this group, provided that such consumer-type containers:

Note: Authority cited: Sections 14, 407, 42803, 42806 and 42682, Food and Agricultural Code. Reference: Section 42941, Food and Agricultural Code.

History

1. New sections 1386.70 through 1386.72 filed 1-4-71 as an emergency; effective upon filing. Certificate of Compliance included (Register 71, No. 2).

2. Renumbering from section 1386.70 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).

3. Amendment filed 7-31-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 31).

4. Amendment of subsection (a) and Note filed 7-27-92 as an emergency pursuant to Food and Agricultural Code sections 42803 and 42806; operative 7-27-92 (Register 92, No. 31).

5. Editorial correction of History 4 (Register 2015, No. 3).