All loose apricots, when in containers marked with one of the size designations stated in column A of the table below, shall meet the weight requirements specified for that size designation shown in the table. The apricots shall be uniform in size and not more than 5 percent, by count, of the apricots in each container may vary more than ¼ inch in diameter when measured through the widest portion of the cross section, except sizes 4 and 18 need not meet the size variation requirement.

Compliance of a lot with the requirements of this section shall be determined as followed: If the lot consists of three or more containers, select at random three of the containers and from each container select at random 40 apricots. Combine and weigh the 120 apricots selected. The combined weight for the size designation shall equal or exceed the weight designated in column D for that size.

For lots of less than three containers, select 120 apricots at random from the containers and apply the method above.

If the apricots in the combined sample fail to meet the weight specified in column D, the entire lot shall be considered mislabeled within the meaning of Food and Agricultural Code sections 42514, 42943, and 42944.

A

B

C

D

Size Designation

Approximate Number of Apricots Per Pound

Number of Apricots in Combined Sample

Minimum Weight of Combined Sample

4

4

120

25 pounds

5

5

120

22.5 pounds

6

6

120

20 pounds

7

7

120

17.5 pounds

8

8

120

15 pounds

10

10

120

12 pounds

12

12

120

10 pounds

14

14

120

8.5 pounds

16

16

120

7.5 pounds

18

No maximum

No maximum

No minimum

number

number

weight

Note: Authority cited: Sections 14, 407, 42681, 42682 and 42683, Food and Agricultural Code. Reference: Section 42941, Food and Agricultural Code.

History

1. New section filed 9-25-63; effective thirtieth day thereafter (Register 63, No. 17).

2. Amendment filed 5-19-67 as an emergency; designated effective 5-22-67. Certificate of Compliance included (Register 67, No. 20).

3. Amendment filed 1-4-71 as an emergency; effective upon filing. Certificate of Compliance included (Register 71, No. 2).

4. Amendment and renumbering from section 1394.1 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).

5. Amendment filed 8-18-83; designated effective 8-25-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 34).

6. Amendment filed 4-16-87; operative 4-20-87 (Register 87, No. 16).

7. Amendment filed 5-3-90; operative 5-3-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 24).

8. Amendment of section and Note filed 5-8-2017; operative 5-8-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).