California Code of Regulations
Title 3 - Food and Agriculture
Division 3 - Economics
Chapter 1 - Fruit and Vegetable Standardization
Subchapter 4 - Fresh Fruits, Nuts and Vegetables
Article 25 - Table Grapes and Raisins
Section 1436.30 - Table Grapes, Marking Requirements

Universal Citation: 3 CA Code of Regs 1436.30

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) In addition to the marking requirements of Section 1359, every nonconsumer container of grapes shall be clearly and conspicuously marked with the following information:

(1) The name of the variety of grapes, if known, or the words "Unknown Variety."

(2) The term "table grapes."

(3) If two or more varieties are placed in the same container, the words "Mixed Varieties." A mixture of white grapes may be marked "Mixed White Varieties." A mixture of black grapes may be marked "Mixed Black Varieties."

(4) The net weight statement of 21 pounds. If the grapes are packed in areas located east of a line extending north and south through White Water and that area located east of the 115 meridian, including the Coachella Valley, the containers shall be marked "20 pounds." These weight markings are not required on standard container number 28, or containers with bunches of grapes which are completely wrapped.

The above markings shall be on the containers of grapes when removed from the premises where grown or first packed. However, if the containers are to be stored on the premises of the producer, the containers need not be marked until removal from storage for transportation. In no case shall unmarked containers of grapes be sold or transported to the marketplace.

(b) Closed consumer bags, clear plastic containers closed with a detachable or attached lid, and other types of closed consumer containers shall be marked with identity, responsibility, and net quantity. Closed means that a deliberate attempt has been made to close the container opening (top and/or bottom) in any way, including, but not limited to, tying, or otherwise closed with a pressure-sensitive seal, zip lock, or other closing device. Merely twisting or rolling over of the opening of a bag shall not be considered closed. This definition shall apply only to the portion(s) of the bag with closure capability and shall not apply to ventilation holes.

Not more than 10%, by count, of the subcontainers, as described above, in a representative sample of any lot of master containers may be closed without the required markings.

The requirements of this subsection shall not apply to:

(i) Table grapes imported into California from other states and foreign countries.

(ii) Closed consumer-type containers that have been closed by the retailer and intended to be sold in compliance with Title 4 marking requirements.

1. Renumbering from section 1432.9 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).
2. Amendment filed 4-30-75; designated effective 6-1-75 (Register 75, No. 18).
3. Amendment filed 7-18-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 30).
4. Amendment of subsection (d) filed 5-5-86; effective upon filing pursuant to Government Code section 11346.2(d) (Register 86, No. 19).
5. Amendment of subsection (a) filed 7-15-94 as an emergency; operative 7-15-94 (Register 94, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-14-94 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 2-2-95 by operation of Government Code section 11346.1(f) (Register 95, No. 5).
7. Amendment of subsection (d) filed 1-17-96; operative 1-17-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 3).
8. Amendment of section and NOTE filed 5-4-2001 as an emergency; operative 5-4-2001 (Register 2001, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-4-2001 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 5-4-2001 emergency action by operation of Government Code section 11346.1(f) (Register 2001, No. 48).
10. Amendment of section and NOTE filed 11-28-2001; operative 12-28-2001 (Register 2001, No. 48).

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

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