Fresh Fruit and Vegetable Regulations

36 (1) Subject to sections 36.1 and 36.2, in the case of apples or potatoes imported from the United States or shipped to Canada from another country through the United States, other than a lot that is bonded, the requirements of paragraph 34(2)(a) and subsection 34(3) shall be considered to be met where the apples or potatoes meet the requirements of and the standards set out in subsections (2) and (11) to (13).

(1.1) Subject to sections 36.1 and 36.2, in the case of produce, other than apples or potatoes, that is imported from the United States or shipped to Canada from another country through the United States, other than a lot that is bonded, the requirement of subparagraph 34(1)(a)(ii) shall be considered to be met where the produce meets the requirements of and the standards set out in subsections (3) to (10) and (14) to (16).

(2) Every lot of apples shall meet the following requirements, namely,

• (a) subject to paragraphs (c) and (d), the requirements of U.S. Extra Fancy grade, U.S. Fancy grade or U.S. No. 1 grade;

• (b) the apples shall have a minimum diameter of 60 mm (2 3/8 inches);

• (c) in the case of U.S. Extra Fancy grade, the colour requirements for Canada Extra Fancy grade as set out in sections 12 and 13 of Part I of Schedule I;

• (d) in the case of U.S. Fancy grade or U.S. No. 1 grade, the colour requirements for Canada Fancy grade as set out in sections 12 and 13 of Part I of Schedule I; and

• (e) the requirements set out in section 51.323 of the United States Standards for Grades of Apples, as amended March 26, 1976.

(3) Every lot of blueberries packed in containers having a capacity of six litres or less and imported from an area of the United States consisting of all states east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas that is designated as an area infested with the blueberry maggot shall meet the standards of U.S. No. 1 grade.

(4) Every lot of grapes shall meet the standards of any grade of grapes, other than a processing grade, established by the United States Department of Agriculture.

(5) Every lot of peaches shall meet the following requirements, namely,

• (a) the standards of the U.S. Fancy grade, U.S. Extra No. 1 grade, U.S. No. 1 grade or U.S. No. 2 grade; and

• (b) the peaches shall have a minimum diameter of

  • (i) in the case of peaches sold prior to August 15 in any year, 54 mm (2 1/8 inches), and

  • (ii) in the case of peaches sold on or after August 15 of any year, 57 mm (2 1/4 inches).

(6) Every lot of pears shall meet the standards of U.S. Extra No. 1 grade, U.S. No. 1 grade, U.S. Combination grade or U.S. No. 2 grade, with not more than five per cent of the pears affected by condition defects after storage or transit, and not more than three per cent of the condition defects attributable to decay or internal breakdown.

(7) Every lot of sour cherries shall meet the standards of U.S. No. 1 grade for processing or U.S. No. 2 grade for processing.

(8) Every lot of asparagus shall meet the following requirements, namely,

• (a) the standards of U.S. No. 1 grade or U.S. No. 2 grade; and

• (b) not more than five per cent of the asparagus by count shall be white in colour over more than 15 per cent of its stalk length.

(9) Every lot of sweet corn shall meet the standards of U.S. Fancy grade or U.S. No. 1 grade.

(10) Every lot of greenhouse cucumbers shall meet the following requirements, namely,

• (a) the standards of U.S. Fancy grade or U.S. No. 1 grade; and

• (b) in the case of long, seedless varieties, the cucumbers shall have a minimum length of 280 mm (11 inches).

(11) Subject to subsections (11.1) to (13), every lot of potatoes shall meet

• (a) the standards of U.S. Extra No. 1 grade or U.S. No. 1 grade;

• (b) with the exception of new potatoes grown in and shipped from the United States on or before September 15 in any year, the requirements of “slightly skinned” as defined in the United States Standards for Grades of Potatoes;

• (c) the requirements of “fairly clean” as defined in the United States Standards for Grades of Potatoes; and

• (d) the requirements as set out in paragraph 89(2)(f) of Part II of Schedule I.

(11.1) Where potatoes have a minimum diameter of less than 57 mm (2 1/4 inches), not more than three per cent of the potatoes by weight may have less than the minimum diameter and not more than five per cent of the potatoes by weight may exceed the maximum diameter.

(12) Where potatoes have a minimum diameter of 57 mm (2 1/4 inches) or larger, five per cent of the potatoes by weight may have less than the minimum diameter and five per cent of the potatoes by weight may exceed the maximum diameter.

(13) New potatoes of a round variety grown in and shipped from the United States on or before September 15 in any year and new potatoes of a long variety grown in and shipped from the United States on or before June 30 in any year, subject to a tolerance of five per cent by weight for undersize potatoes, may have a minimum diameter of 48 mm (1 7/8 inches), except for those for which a minimum diameter lower than 48 mm (1 7/8 inches) is set out in subparagraph (11)(d)(ii).

(14) Every lot of rutabagas shall meet the standards of U.S. No. 1 grade.

(15) Every lot of field tomatoes shall meet the following requirements, namely,

• (a) the standards of U.S. No. 1 grade, U.S. No. 2 grade or U.S. Combination grade;

• (b) where the tomatoes are a type other than the pear type or plum type, they shall have a minimum diameter of 44 mm (1 3/4 inches); and

• (c) where the tomatoes are the pear or plum type, they shall have a minimum diameter of 32 mm (1 1/4 inches).

(16) Every lot of produce referred to in section 34 and not referred to in this section shall meet the standards of one of the grades, other than a processing grade, established by the United States Department of Agriculture for the produce, and shall meet the following requirements, namely,

• (a) in the case of beets, the beets shall have a minimum diameter of 32 mm (1 1/4 inches);

• (b) in the case of carrots other than the “Baby”, “Mini”, “Finger” or “Cocktail” types, the carrots shall have a minimum diameter of 19 mm (3/4 inch) and a minimum length of 114 mm (4 1/2 inches);

• (c) in the case of parsnips, the parsnips shall have a minimum diameter of 25 mm (one inch); and

• (d) in the case of onions, the onions shall have a minimum diameter of 32 mm (1 1/4 inches), except U.S. No. 1 Picklers which shall meet the grade standards established by the United States Department of Agriculture for that grade.