Cal. Code Regs. tit. 3 § 1428.12

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 1428.12 - Cherries, Loose; Marking and Size Requirements

Every nonconsumer container of loose cherries shall be clearly and conspicuously marked with one of the following:

(a) The row size, as determined by the "standard cherry row sizer" approved by the department, followed by the term "row size." No row size marking is permitted for containers of less than 12 1/2 -row size and smaller.

(b) The "minimum diameter" of the cherries in the container expressed in inches or fractions of an inch followed by the term "inch minimum diameter," "inches minimum diameter," or a proper abbreviation or variation of such designation. No such minimum diameter marking shall be permitted on containers of cherries which are less than ⁵¹/₆₄ inch minimum diameter.

(c) Containers of cherries packed by the face and fill method shall not be required to be marked with a size designation, provided that:

(1) When the containers are marked with a size designation, the cherries in both the face and the fill shall comply with the size marked on the container.

(2) When the containers are not marked with a size designation, all of the cherries in the fill may be one full size smaller than cherries in the face. Not more than 10%, by count, of the cherries in the fill may be two full sizes smaller than the cherries in the face.

Cal. Code Regs. Tit. 3, § 1428.12

1. Amendment filed 2-28-74; effective thirtieth day thereafter (Register 74, No. 9).
2. Renumbering from Section 1411.10 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).
3. Amendment filed 3-21-75; effective thirtieth day thereafter (Register 75, No. 12).
4. Amendment filed 11-8-78; effective thirtieth day thereafter (Register 78, No. 45).
5. Amendment filed 5-10-83; designated effective 5-10-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 20).
6. New subsections (c)-(c)(3) filed 5-16-2002; operative 6-15-2002 (Register 2002, No. 20).
7. Amendment of subsections (a)-(b) and repealer of subsection (c)(3) filed 3-17-2015; operative 3-17-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 12).

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

1. Amendment filed 2-28-74; effective thirtieth day thereafter (Register 74, No. 9).
2. Renumbering from Section 1411.10 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).
3. Amendment filed 3-21-75; effective thirtieth day thereafter (Register 75, No. 12).
4. Amendment filed 11-8-78; effective thirtieth day thereafter (Register 78, No. 45).
5. Amendment filed 5-10-83; designated effective 5-10-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 20).
6. New subsections (c)-(c)(3) filed 5-16-2002; operative 6-15-2002 (Register 2002, No. 20).
7. Amendment of subsections (a)-(b) and repealer of subsection (c)(3) filed 3-17-2015; operative 3/17/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 12).