Cal. Code Regs. tit. 3 § 1438.29

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

Section 1438.29 - Salad Products, Tolerance for Defects

(a) Compliance or noncompliance with the quality requirements of this article shall be determined in accordance with Table 1, Table 2, and applicable procedures stated in subsection (b), below.

(b) In applying Table 1 for shredded lettuce and Table 2 for chopped lettuce, the sample containers shall be selected at random as governed by Tables 1 and 2. A lot shall be considered in compliance or noncompliance in accordance with the amount of grams of defects established for each step. When the number of grams of defects in one or more steps is:

(1) Equal to or less than the number in the "Accept" column, the lot shall be passed.

(2) Equal to or more than the number in the "Reject" column, the lot shall be rejected.

(3) More than the numbers in the "Accept" column but less than those in the "Reject" column, the next step shall be completed. The sample product and defects from all steps shall be combined in determining whether to pass or reject a lot.

Table 1. Defect Sampling Plan--Shredded Product

*Step*	*No. of Containers*	*CumulativeNo. Containers*	*Accept*	*Reject*
1	2		2	48g	74g
2	2		4	109g	134g
3	2		6	171g	191g
4	2		8	236g	247g
5	2		10	300g	301g

Table 2. Defect Sampling Plan--Chopped Product

*Step*	*No. of Containers*	*CumulativeNo. Containers*	*Accept*	*Reject*
1	2	2		128g	154g
2	2	4		269g	292g
3	2	6		411g	430g
4	2	8		555g	602g
5	2	10		700g	701g

The foregoing sampling plan is based on a 10-pound bag as a sampling unit. If there is any variation from the 10-pound bag as a sample unit (e.g., 1, 5, or 15 pounds), the number of sample containers shall remain constant but the allowable grams shall change proportionally (10%, 50%, 150%) with the size of the container.

Cal. Code Regs. Tit. 3, § 1438.29

1. Renumbering from Section 1438.44 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).
2. Amendment filed 4-17-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 16).
3. Editorial correction (Register 84, No. 33).
4. Amendment of subsection (b) filed 4-9-85 as an emergency; effective upon filing (Register 85, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-85.
5. Amendment of subsection (b) filed 8-1-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 31).
6. Amendment of subsection (b) filed 6-20-86; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 86, No. 25).
7. Repealer and new section filed 6-20-88; operative 7-20-88 (Register 88, No. 26).

Note: Authority cited: Sections 14 and 407, Food and Agricultural Code. Reference: Sections 42681, 42684 and 42941, Food and Agricultural Code.