Cal. Code Regs. tit. 3 § 1370.8

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 1370.8 - Representative Sample, General Application

In the enforcement of Division 17 of the Food and Agricultural Code relating to fruits, nuts and vegetables, except for those commodities wherein the specific section of the law or a specific section of the California Administrative Code describes an official sample, the sample for the purpose of determining noncompliance of the lot shall consist of containers selected at random from widely separated parts of the lot and shall be as follows:

The number of containers in each sample designated below shall apply when only a portion of the specimens in each such container is examined.

When all of the specimens in each container are examined, and the number of containers designated below is four or more, then the official sample may consist of one-half the number of containers designated. However, at least a portion of the specimens in each container shall be inspected.

If the tolerance for the commodity, or the defect involved is on a container basis, it is not permissible to average the results of the inspection in one container with that of another container in the sample, unless provided for in the specific commodity sections.

(a) Where lot consists of less than 10 containers, official sample shall consist of at least 2 containers.

(b) Where lot consists of 10 and not over 30 containers, official sample shall consist of at least 3 containers.

(c) Where lot consists of 31 and not over 50 containers, official sample shall consist of at least 4 containers.

(d) Where lot consists of 51 and not over 100 containers, official sample shall consist of at least 5 containers.

(e) Where lot consists of 101 and not over 200 containers, official sample shall consist of at least 6 containers.

(f) Where lot consists of 201 and not over 300 containers, official sample shall consist of at least 8 containers.

(g) Where lot consists of 301 and not over 500 containers, official sample shall consist of at least 10 containers.

(h) Where lot consists of more than 500 containers, official sample shall consist of a number of containers equal to at least one-half the square root of the total number of containers in the lot.

Cal. Code Regs. Tit. 3, § 1370.8

1. New Section filed 7-7-55; effective thirtieth day thereafter (Register 55, No. 10).
2. Amendment filed 3-16-56; effective thirtieth day thereafter (Register 56, No. 5).
3. Amendment filed 1-4-71 as an emergency; effective upon filing. Certificate of Compliance included (Register 71, No. 2).
4. Renumbering from Section 1367 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).

1. New Section filed 7-7-55; effective thirtieth day thereafter (Register 55, No. 10).
2. Amendment filed 3-16-56; effective thirtieth day thereafter (Register 56, No. 5).
3. Amendment filed 1-4-71 as an emergency; effective upon filing. Certificate of Compliance included (Register 71, No. 2).
4. Renumbering from Section 1367 filed 1-21-75; effective thirtieth day thereafter (Register 75, No. 4).