---
kind: "section"
citation: "7 C.F.R. § 51.1861"
title: "7"
number: "51.1861"
heading: "Tolerances."
url: "https://uscodex.org/cfr/7/51.1861"
---

# §51.1861. Tolerances.


In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, are provided as specified:

- (a) **U.S. No. 1—**
  - (1) **For defects at shipping point.** 2 Ten percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and,
  - (2) **For defects en route or at destination.** Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:
    - (i) Five percent for tomatoes which are soft or affected by decay;
    - (ii) Ten percent for tomatoes which are damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,
    - (iii) **Ten percent for tomatoes which are otherwise defective—** And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.
- (b) **U.S. Combination—**
  - (1) **For defects at shipping point.** 2 Ten percent for tomatoes in any lot which fail to meet the requirements of the U.S. No. 2 grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including 1 percent for tomatoes which are soft or affected by decay; and,
  - (2) **For defects en route or at destination.** Fifteen percent for tomatoes in any lot which fail to meet the requirements of the U.S. No. 2 grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:
    - (i) Five percent for tomatoes which are soft or affected by decay;
    - (ii) Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,
    - (iii) **Ten percent for tomatoes which are otherwise defective—** And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.
- (c) **U.S. No. 2—**
  - (1) **For defects at shipping point.** 2 Ten percent for tomatoes in any lot which fail to meet the requirements of this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and,
  - (2) **For defects en route or at destination.** Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:
    - (i) Five percent for tomatoes which are soft or affected by decay;
    - (ii) Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,
    - (iii) **Ten percent for tomatoes which are otherwise defective—** And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.
- (d) **U.S. No. 3—**
  - (1) **For defects at shipping point.** 2 Ten percent for tomatoes in any lot which fail to meet the requirements of this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for tomatoes which are very seriously damaged by insects and not more than one-tenth of the tolerance, or 1 percent, for tomatoes which are soft or affected by decay; and,
  - (2) **For defects en route or at destination.** Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:
    - (i) Five percent for tomatoes which are soft or affected by decay;
    - (ii) Ten percent for tomatoes which are very seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,
    - (iii) **Ten percent for tomatoes which are otherwise defective—** And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by insects.
- (e) **For off size.** Ten percent for tomatoes in any lot which are smaller than the specified minimum diameter, or larger than the specified maximum diameter.
- (f) **For off color.** Ten percent for tomatoes in any lot which fail to meet the color specified, including therein not more than 5 percent for tomatoes which are green in color, when any term other than “Green” is specified.

## Notes

### Source

Source: 38 FR 23932, Sept. 5, 1973, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

### Authority

Authority: 7 U.S.C. 1621-1627.