W. Va. Code R. § 61-8-9

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 61-8-9 - Definition of terms; red, partially red and blushed varieties
9.1. "Fairly Well Formed" means that the apple may be slightly abnormal in shape but not to anextent which detracts materially from its appearance
9.2. "Damage Defects":
9.2.1. Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside the stem cavity or calyx basin shall be considered as damage:
9.2.1.1. Russeting which is extensively rough on Roxbury Russet and other similar varieties.
9.2.1.2. Smooth net-like russeting, when an aggregate area of more than fifteen percent (15%) of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to the greater extent than the above amount permitted.
9.2.1.3. .Smooth solid russeting, when an aggregate area of more than five percent (.5%) of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted.
9.2.1.4. Slightly rough russeting which covers an aggregate area of more than 1/2 inch in diameter.
9.2.1.5. Rough russeting which exceed 1/4 inch in diameter, unless it is well within the stemcavity or calyx basin and is not readily apparent.
9.2.2. Any of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one (1) defect, shall be considered as damage:
9.2.2.1. Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting
9.2.2.2. Lim brubs which affect a total area of more than 1/2 inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of damage by russeting.
9.2.2.3. Hail marks, drought spots or other similar depressions or scars which are not superficial, or when such injury affects a total area of more than1/2 inch in diameter.
9.2.2.4. Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of 1/4 inch.
9.2.2.5. Diseases:
9.2.2.5.a. Scab spots which affect a total area of more than 1/4 inch in diameter.
9.2.2.5.b. Cedar rust infection which affects total area of more than 1/4 inch in diameter.
9.2.2.5.c. Sooty blotch or fly speck which is thinly scattered over more than one tenth (1/10) of the surface, or dark heavily concentrated spots which affect an area of more than 1/2 inch in diameter.
9.2.2.5.d. Red skin spots which are thinly scattered over more than 1/10 of the surface, or dark,heavily concentrated spots which affect an area of more than 1/2 inch in diameter.
9.2.2.6. Insects:
9.2.2.6.a. Any healed sting or healed stings which affect a total area of more than 3/16 inch in diameter including any encircling discolored rings
9.2.2.6.b. Worm holes.
9.2.2.7. "Seriously deformed" means that the apple is so badly misshapen that its appearance is seriously affected.
9.2.2.8. The following types and amounts of russeting shall be considered as serious damage:
9.2.2.8.a. Smooth solid russeting, when more than one half of the surface in aggregate is covered, including any russeting in the stem cavity or calyx basin or slightly rough, or excessively rough or bark-like russeting which detracts from the appearance of the fruit to a greater extent than the amount of smooth solid russeting permitted:Provided, That any amount of russeting shall be permitted on Roxbury Russet and other similar varieties.
9.2.3. Any one (1) of the following defects, or any combination thereof, the seriousness of which exceeds the maximum allowed for any one (1) defect, shall be considered as serious damage:
9.2.3.1. Sunburn or sprayburn which seriously detracts from the appearance of the fruit.

9 2.3.2. Limb rubs which affect more than one tenth of the surface in the aggregate.

9.2.3.3. Hail marks, drought spots or scars if they materially deform or disfigure the fruit, or if such defects affect more than one tenth of the surface in the aggregate: Provided. That no hail marks which are unhealed shall be permitted and not more than anaggregate area of 1/2 inch shall be allowed for well-healed hail marks where the skin has been broken.
9.2.3.4. Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of 1/2 inch.
9.2.3.5. Visible water core which affects an area of more than 1/2 inch in diameter.
9.2.4. Diseases:
9.2.4.1. Scab spots which affect a total area of more than 3/4 inch in diameter.
9.2.4.2. Cedar rust infection which affects a total area of more than 3/4 inch in diameter.
9.2.4.3. Sooty blotch or fly speck which affect more than one third of the surface.
9.2.4.4. Red skin spots which affect more than one third of the surface.
9.2.4.5. Bitterpit and Jonathan spot which is thinly scattered over more than one tenth of the surface and does not materially deform or disfigure the fruit.
9.2.5. Insects:
9.2.5.1. Healed stings which affect a total area of more than 1/4 inch in diameter including any encircling discolored rings.
9.2.5.2. Worm holes.
9.2.6. In West Virginia C Grade or West Virginia Hail Grade, punctures not exceeding 1/4 inch in diameter and healed hail marks shall not be considered as serious damage: Provided, That the apples otherwise meet the requirements of West Virginia Fancy Grade.

W. Va. Code R. § 61-8-9