1. (a) “U.S. Fancy,” “U.S. Extra No. 1,” and “U.S. No. 1” consist of pistachio kernels which meet the following requirements:

   1. (1) Well dried, or very well dried when specified in connection with the grade.

   2. (2) Free from:

      1. (i) Foreign material, including in-shell nuts, shells, or shell fragments.

   3. (3) Free from damage by:

      1. (i) Immature kernels;
      2. (ii) Kernel spotting; and
      3. (iii) Other defects.

   4. (4) Free from serious damage by:

      1. (i) Mold;
      2. (ii) Minor insect or vertebrate injury;
      3. (iii) Insect damage;
      4. (iv) Rancidity;
      5. (v) Decay; and,
      6. (vi) Other defects.
   5. (5) Unless otherwise specified, kernels shall meet the size classification of Jumbo Whole Kernels (See § 51.2559).
2. (b) [Reserved]

[68 FR 50685, Aug. 22, 2003]