C.F.R. » Title 7 » CHAPTER I—AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE › SUBCHAPTER C—REQUIREMENTS AND STANDARDS UNDER THE AGRICULTURAL MARKETING ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT › PART 51—FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS (INSPECTION, CERTIFICATION, AND STANDARDS) › Subpart P—United States Standards for Grades of Potatoes

7 C.F.R. § 51.1541

U.S. No. 1

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“U.S. No. 1” consists of potatoes which meet the following requirements:

(a) Similar varietal characteristics, except when designated as a mixed or specialty pack;

(b) Firm;

(c) Fairly clean; 2

2 Potatoes in containers bearing official State Seed Certification Tags and Seals are not required to be fairly clean but shall be free from damage by dirt.

(d) Fairly well shaped;

(e) Free from:

(1) Freezing;

(2) Blackheart;

(3) Late blight, southern bacterial wilt and ring rot; and,

(4) Soft rot and wet breakdown.

(f) Free from damage by any other cause. See §§ 51.1564 and 51.1565.

(g) Size. Not less than 1 7/8 inches in diameter, unless otherwise specified in connection with the grade.

(h) For tolerances see § 51.1546.

[35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011]
Notes of Decisions
Cited in 1 case, 1976–1976 · leading case: Maine Potato Growers, Inc. v. Earl L. Butz, Sec'y of Agric. & the United States, 540 F.2d 518 (1st Cir. 1976).
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Maine Potato Growers, Inc. v. Earl L. Butz, Sec'y of Agric. & the United States, 540 F.2d 518 (1st Cir. 1976). “See 7 C.F.R. § 51.1541 . The regulations do not require that every potato in a given lot conform to the Secretary’s standards; small percentage deviations are allowed.”
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