1. (a) Except as otherwise provided for in this section in connection with in-plant inspection and unless otherwise approved by the Administrator, samples shall be selected from each lot in the exact number of sample units indicated for the lot size in the applicable sampling plans. The lot size is to correspond to a sample size with a maximum of 29 sample units: Provided, that at the discretion of the inspection service, the number of sample units selected may be increased to the exact number of sample units indicated for any one of the larger sample sizes provided for in the appropriate plans. The samples size may be increased beyond 29 sample units in accordance with the following sampling plan:

   Sample Size	38	48	60
   Acceptance Number	5	6	7

2. (b) Under the sampling plans with respect to any specified requirement:

   1. (1) If the number of deviants (as defined in connection with the specific requirement) in the sample does not exceed the acceptance number prescribed for the sample size, the lot meets the requirement;
   2. (2) If the number of deviants (as defined in connection with the specific requirement) in the sample exceeds the acceptance number prescribed for the sample size, the lot fails the requirement.

3. (c) If in the conduct of on-line in-plant inspection of a product covered by a grade standard which does not contain sampling plans, the sample is examined before the lot size is known and the number of sample units exceeds the prescribed sample size for such lot, but does not equal any of the prescribed larger sample sizes, the lot may be deemed to meet or fail a specific requirement in accordance with the following procedure:

   1. (1) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample does not exceed the acceptance number of the next smaller sample size, the lot meets the requirement;
   2. (2) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample equals the acceptance number prescribed for the next larger sample size, additional sample units shall be selected to increase the sample to the next larger prescribed sample size;
   3. (3) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample exceeds the acceptance number prescribed for the next larger sample size, the lot fails the requirement.
4. (d) In the conduct of on-line in-plant inspection, sampling may be performed on a time interval basis. The sampling frequency shall be specified in an applicable grade standard or other procedural instruction approved by the Administrator.
5. (e) In the event that the lot compliance determination provisions of a standard or specification are based on the number of specified deviations instead of deviants the procedures set forth in this section may be applied by substituting the word “deviation” for the word “deviant” wherever it appears.
6. (f) Sampling plans referred to in this section are those contained in Tables I, II, III, IV, and V and (g)(1) and (g)(2) of this section which follow or any other plans which are applicable. For processed products not included in these tables, the minimum sample size shall be the exact number of sample units prescribed in the table, container group, and lot size that, as determined by the inspector, most closely resembles the product, type, container, size and amount of product to be sampled. The maximum sample size in tables I, II, III, IV, V, (g)(1), (g)(2) and processed products not included in these tables is 29 sample units.

7. (g)

   1. (1) Sampling plan for dried figs. For each 10,000 pounds (or fraction of 10,000 pounds) of product—6 sample units of approximately 35 figs each accumulated into 1 composite (at least 200 figs). Each composite will be examined separately, and all must meet the requirement for the U.S. Grade.

   2. (2) Sampling plan for dried fruits other than dates and figs. For each 15,000 pounds (or fraction of 15,000 pounds) of product—sample units of approximately 16 ounces each accumulated into 1 composite (at least 100 ounces) Each composite will be examined separately and all must meet the requirements for the U.S. Grade.

      Table I—Canned or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and Character as To Be Readily Separable

      Container size group	Lot size (number of containers) 1
      Group 1: Any type container of a volume not exceeding that of a No. 303 size can	3,000 orless	3,001 to12,000	12,001 to39,000	39,001 to84,000	84,001 to145,000
      Group 2: Any type of container of a volume exceeding that of a No. 303 size can but not exceeding that of a No. 3 cylinder size can	1,500 orless	1,501 to6,000	6,001 to19,500	19,501 to42,000	42,001 to72,500
      Group 3: Any type of container of a volume exceeding that of a No. 3 cylinder size can, but not exceeding that of a No. 12 size can	750 orless	751 to3,000	3,001 to9,750	9,751 to21,000	21,001 to36,250
      Group 4: Any type of container of a volume exceeding that of aNo. 12 size can.
      	Convert to equivalent number of 6-lb. net weight containers and use group 3
      Lot inspection sample size (no. of sample units) 2	3	6	13	21	29
      Acceptance number	0	1	2	3	4
      On-line in-plant inspection sample size (no. of sample units) 2	3	6	6	13	21
      Acceptance number	0	1	1	2	3
      1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size.
      2 When a standard sample size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1, 2, and 3—1 container and its entire contents. Group 4 that approximately 2 pounds of product. When determined by the inspector that a 2-pound sample unit is inadequate, a larger sample unit may be substituted.

      Table II—Frozen or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and Character as To Be Readily Separable

      Container size group	Lot size (number of containers) 1
      Group 1: Any type of container of 1 lb. or less	2,400 orless	2,401 to9,600	9,601 to31,200	31,201 to67,200	67,201 to116,000
      Group 2: Any type of container over 1 lb. but not over 2-1⁄2 lbs. net weight	1,200 orless	1,201 to4,800	4,801 to15,600	15,601 to33,600	33,601 to58,000
      Group 3: Any type of container over 2-1⁄2 lbs.
      	Convert to equivalent number of 2-1⁄2 lb. containers and use group 2
      Lot inspection sample size (no. of sample units) 2	3	6	13	21	29
      Acceptance number	0	1	2	3	4
      On-line in-plant inspection sample size (no. of sample units) 2	3	6	6	13	21
      Acceptance number	0	1	1	2	3
      1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size.
      2 When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1 and 2—1 container and its entire contents. Group 3 containers up to 10 lbs.—approximately 3 pounds of product. When determined by the inspector that a 3-pound sample unit is inadequate, a larger sample unit or 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3 lbs.

      Table III—Canned, Frozen, or Otherwise Processed Fruits, Vegetables, Related Products of a Comminuted, Fluid or Homogeneous State

      Container size group	Lot size (number of containers) 1
      Group 1: Any type of container of 1 lb. or less	4,500 orless	4,501 to18,000	18,001 to56,000	58,501 to126,000	126,001 to217,000
      Group 2: Any type of container exceeding 1 lb. but not exceeding 60 ounces.	3,000 orless	3,001 to12,000	12,001 to39,000	39,001 to84,000	84,001 to145,000
      Group 3: Any type of container exceeding 60 ounces but not exceeding 10 lbs.	1,500 orless	1,501 to6,000	6,001 to19,500	19,501 to42,000	42,001 to72,500
      Group 4: Any type of container of a volume exceeding 10 lbs.
      	Convert to equivalent number of 6-lb. containers and use group 3
      Lot inspection sample size (no. of sample units) 2	3	6	13	21	29
      Acceptance number	0	1	2	3	4
      On-line in-plant inspection sample size (no. of sample units) 2	3	6	6	13	21
      Acceptance number	0	1	1	2	3
      1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size.
      2 When a standard sample size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1, 2, and 3—1 container and its entire contents. A smaller sample unit may be substituted in Group 3 at the inspector's discretion. Group 4—approximately 16 ounces of product. When determined by the inspector that a 16 ounce sample unit is inadequate, a larger sample unit may be substituted.

      Table IV—Dehydrated (Low-Moisture) Fruits, and Vegetables

      Container size group	Lot size (number of containers) 1
      Group 1: Any type of container of 1 lb. or less	1,800 orless	1,801 to7,200	7,201 to23,400	23,401 to50,400	50,401 to87,000
      Group 2: Any type of container over 1 lb. but not over 6 lbs. net weight	600 orless	601 to2,400	2,401 to7,800	7,801 to16,800	16,801 to29,000
      Group 3: Any type of container over 6 lbs.
      	Convert to equivalent number of 5 lb. containers and use group 2
      Lot inspection sample size (no. of sample units) 2	3	6	13	21	29
      Acceptance number	0	1	2	3	4
      On-line in-plant inspection sample size (no. of sample units) 2	3	6	6	13	21
      Acceptance number	0	1	1	2	3
      1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size.
      2 When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Group 1—1 container and its entire contents. Groups 2 and 3—1 container and its entire contents or a smaller sample unit when determined by the inspector to be adequate.

      Table V—Dates

      Container size group	Lot size (number of containers) 1
      Group 1: Any type of container of 1 lb. or less net weight	2,400 orless	2,401 to9,600	9,601 to31,200	31,201 to67,000	67,201 to116,000
      Group 2: Any type of container over 1 lb. but not over 5 lbs. net weight	800 orless	801 to3,200	3,201 to10,400	10,401 to22,400	22,401 to33,667
      Group 3: Any type of container over 5 lbs.
      	Convert to equivalent number of 5 lb. containers and use group 2
      Lot inspection sample size (no. of sample units) 2	3	6	13	21	29
      Acceptance number	0	1	2	3	4
      On-line in-plant inspection sample size (no. of sample units) 2	3	6	6	13	21
      Acceptance number	0	1	1	2	3
      1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size.
      2 When a standard sample size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1 and 2—1 container and its entire contents. Group 3 containers up to 10 pounds—1 container and its entire contents. Group 3 containers over 10 pounds—approximately three pounds of product. When determined by the inspector that a 3-pound sample unit is inadequate, a larger sample unit or 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3 pounds.

[38 FR 25166, Sept. 12, 1973; 38 FR 26903, Sept. 27, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 51 FR 20439, June 5, 1986; 63 FR 50747, Sept. 23, 1998]