Haw. Code R. § 4-44-13

Current through November, 2024

Section 4-44-13 - Standards for roasted macadamia nuts

(a) As used in this section:

"Absence of defects" means the degree of freedom from adhering shell, blemish, dark center, shriveling, loose extraneous material, and any other defect which detracts from the appearance or eating quality of the product.

"Blemish" means discolored spot or spots on the kernel surface, including insect scars.

"Crisp" means that practically all of the kernels are firm and crunchy in Styles I, II, III, IV, and V; and for Styles VI and VII, the eating quality is not appreciably affected by kernels which are not firm and crunchy.

"Critical defect" means any defect or combination of defects, such as mold, insect infestation, and foreign material, which seriously detracts from the edibility of the product, or which is not attendant with good commercial practice and can be expected to occur only infrequently.

"Deviants" means sample units that fall into the next grade below the indicated grade but do not score more than four score points below the minimum total score for the indicated grade.

"Good color" means the kernel color is typical and characteristic of mature macadamia nuts and of the roasting process employed; that any variation in shade of color within the mass or within a unit is not more than slight; and that a discolored ring may be present, provided that the appearance of the product is not materially affected.

"Loose extraneous material" means any salt, kernel pieces, and shell pieces which will pass through a 3/32 inch square opening. This term shall apply to Styles I, II, III, IV, and V only.

"Major defect" means any defect or combination of defects which seriously detracts from the appearance or eating quality of the macadamia nuts. The following defects shall be considered major defects:

(1) Adhering shell, when any of the following conditions exists on a kernel:

(A) Shell specks which seriously affect the appearance or eating quality of the nut;

(B) Any shell piece that exceeds an area 1/16 inch in diameter; or

(C) Any shell piece that exceeds 3/32 inch in length or width;

(2) Blemish, when any of the following conditions exists on a kernel:

(A) Any dark brown or black spot, or an aggregate of such spots within a one-half inch area, which exceeds an area 1/16 inch in diameter;

(B) Any markedly discolored spot, or an aggregate of such spots within a one-half inch area, which exceeds an area one-eighth inch in diameter;

(C) Any prominent spot encircled by a reddish brown line, or an aggregate of such spots within a one-half inch area, which exceeds an area 3/16 inch in diameter; or

(D) Speckles that seriously affect appearance;

(3) Dark center, when the naturally exposed kernel center is markedly darker than the remainder of the affected kernel; and

(4) Shriveling, when the kernel is moderately wrinkled or shriveled.

"Minor defect" means any defect or combination of defects which materially detracts from the appearance or eating quality of the macadamia nuts. The following defects shall be considered minor defects:

(1) Adhering shell, when any of the following conditions exists on a kernel:

(A) Shell specks that affect the appearance or eating quality of the nut more than slightly; or

(B) Any shell piece that exceeds 1/32 inch both in length and width;

(2) Blemish, when any of the following conditions exists on a kernel:

(A) Any spot that is markedly discolored;

(B) Any spot that is more than slightly discolored and exceeds an area 3/32 inch in diameter;

(C) Any spot that is more than slightly discolored and exceeds one-eighth inch in length or width;

(D) A markedly discolored ring; or

(E) Speckles that affect appearance more than slightly;

(3) Dark center, when the naturally exposed kernel center is more than slightly darker than the remainder of the affected kernel; and

(4) Shriveling, when the kernel is appreciably wrinkled or shriveled.

"Moisture content" means the moisture content of a composite sample of kernels. The moisture content shall be determined with an instrument that has been correlated with the vacuum oven method of determining per cent moisture. The per cent moisture shall be calculated by the formula X minus Y divided by X and the resulting quotient multiplied by one hundred, with X representing the weight of the kernels before drying and Y representing the weight of the kernels after drying.

"Normal flavor and odor" means the kernel has a flavor and odor that are characteristic of well developed, properly roasted macadamia nuts and is free from bitterness, rancidity, and any other objectionable flavor or odor. Occasional units which do not meet the foregoing requirements may be permitted, provided that these units do not appreciably affect the eating quality of the product.

"Practically free from defects" means the following for the respective styles:

(1) Styles I, II, III, IV, and V shall have not more than eight per cent total defects, including not more than two per cent major defects, not more than two per cent loose extraneous material, and no critical defects; and

(2) For Styles VI, VII, and VIII, the appearance or eating quality of the product shall not be more than slightly affected by any defect or combination of defects.

"Reasonably free from defects" means the following for the respective styles:

(1) Styles I, II, III, IV, and V shall have not more than fifteen per cent major defects, not more than three per cent loose extraneous material, and no critical defects; and

(2) For Styles VI, VII, and VIII, the appearance or eating quality of the product shall not be more than materially affected by any defect or combination of defects.

"Reasonably good color" means the kernel color is reasonably typical and characteristic of mature macadamia nuts and of the roasting process employed; that any variation in shade of color within the mass or within a unit may be marked; and a discolored ring may be present, provided that the appearance of the product is not seriously affected.

"Reasonably normal flavor and odor" means the kernel has a flavor and odor that are reasonably characteristic of well developed, properly roasted macadamia nuts and is free of bitterness, rancidity, and any other objectionable flavor or odor. Occasional units which do not meet the foregoing requirements may be permitted, provided that these units do not affect the eating quality of the product more than appreciably.

"Reasonably uniform in size and type" means the following for the respective styles:

(1) Style I (wholes) shall consist of at least eighty per cent whole kernels with the remaining units of such size that not more than two per cent will pass through a one-fourth inch square opening;

(2) Style II (wholes and halves) shall consist of at least thirty-five per cent whole kernels with the remaining units of such size that not more than five per cent will pass through a 5/16 inch square opening;

(3) Style III (cocktail) shall consist of at least seventy-five per cent half and larger kernels, included therein at least fifteen per cent whole kernels, with the remaining units of such size that not more than five per cent will pass through a one-fourth inch square opening;

(4) Style IV (halves and pieces) shall consist of at least thirty-five per cent half kernels with the remaining units of such size that not more than five per cent will pass through a one-fourth inch square opening and not more than ten per cent are larger than half kernels;

(5) Style V (large diced) shall consist of units which are smaller than half kernels but of such size that not more than fifteen per cent will pass through a 5/16 inch by one inch opening, included therein not more than five per cent that will pass through a 3/32 inch square opening;

(6) Style VI (chips) shall consist of units of such size that at least eighty per cent will pass through a 5/16 inch by one inch opening but not more than five per cent will pass through a 3/32 inch square opening;

(7) Style VII (bits, diced) shall consist of units which are smaller than half kernels and of such size that at least eighty per cent will pass through a 5/16 inch square opening, but not more than fifteen per cent will pass through a 3/32 inch square opening; and

(8) Style VIII (fines) shall consist of units of such size that all the units will pass through a one-fourth inch square opening and at least seventy per cent will also pass through a 3/32 inch square opening.

"Roasted macadamia nuts" means the product prepared from the shelled nut of the macadamia tree, which may be roasted plain or in edible oil, either salted or unsalted, and may contain suitable preservatives and other ingredients permitted under the Food, Drug, and Cosmetic Act, Title 21, United States Code.

"Uniform in size and type" means the following for the respective styles:

(1) Style I (wholes) shall consist of not less than ninety per cent whole kernels with the remaining units of such size that not more than one per cent will pass through a one-fourth inch square opening;

(2) Style II (wholes and halves) shall consist of at least fifty per cent whole kernels with the remaining units of such size that not more than two per cent will pass through a 5/16 inch square opening;

(3) Style III (cocktail) shall consist of at least ninety per cent half and larger kernels, included therein at least twenty-five per cent whole kernels, with the remaining units of such size that not more than two per cent will pass through a one-fourth inch square opening;

(4) Style IV (halves and pieces) shall consist of at least fifty per cent half kernels with the remaining units of such size that not more than two per cent will pass through a one-fourth inch square opening and not more than five per cent are larger than half kernels;

(5) Style V (large diced) shall consist of units which are smaller than half kernels but of such size that not more than five per cent will pass through a 5/16 inch by one inch opening, included therein not more than two per cent that will pass through a 3/32 inch square opening;

(6) Style VI (chips) shall consist of units of such size that at least ninety-five per cent will pass through a 5/16 inch by one inch opening but not more than two per cent will pass through a 3/32 inch square opening;

(7) Style VII (bits, diced) shall consist of units which are smaller than half kernels and of such size that at least ninety-five per cent will pass through a 5/16 inch square opening but not more than ten per cent will pass through a 3/32 inch square opening; and

(8) Style VIII (fines) shall consist of units of such size that all the units will pass through a one-fourth inch square opening and at least eighty per cent will also pass through a 3/32 inch square opening.

(b) Styles of roasted macadamia nuts shall consist of the following:

(1) Style I (wholes) shall consist of whole kernels;

(2) Style II (wholes and halves) shall consist of whole kernels and half kernels;

(3) Style III (cocktail) shall consist of a combination of whole kernels, half kernels, and portions of kernels of such size that the units will not pass through a one-fourth inch square opening;

(4) Style IV (halves and pieces) shall consist of half kernels and portions of half kernels of such size that the units will not pass through a one-fourth inch square opening;

(5) Style V (large diced) shall consist of units which are smaller than half kernels and of such size that the units will not pass through a 5/16 inch by one inch opening;

(6) Style VI (chips) shall consist of portions of kernels of such size that the units will pass through a 5/16 inch by one inch opening but not through a 3/32 inch square opening;

(7) Style VII (bits, diced) shall consist of units which are smaller than half kernels and of such size that the units will pass through a 5/16 inch square opening but not through a 3/32 inch square opening; and

(8) Style VIII (fines) shall consist of broken, chipped, or chopped kernels of such size that the units will pass through a one-fourth inch square opening and most will also pass through a 3/32 inch square opening.

(c) Hawaii Grade A or Hawaii Fancy roasted macadamia nuts shall consist of roasted macadamia nuts that possess a normal flavor and odor, good color, and a moisture content of not more than one and one-half per cent, by weight; and that are crisp for the applicable style, uniform in size and type, practically free from defects, and score not less than ninety points by the scoring system in subsection (f).

(d) Hawaii Grade B or Hawaii Choice roasted macadamia nuts shall consist of roasted macadamia nuts that possess a reasonably normal flavor and odor, reasonably good color, and a moisture content of not more than one and one-half per cent, by weight; and that are crisp for the applicable style, reasonably uniform in size and type, reasonably free from defects, and score not less than eighty points by the scoring system in subsection (f).

(e) Substandard roasted macadamia nuts shall consist of roasted macadamia nuts which fail to meet the requirements of subsections (c) and (d).

(f) The grade of roasted macadamia nuts shall be ascertained by factors of quality which are not scored (i.e., flavor and odor, crispness, and moisture content) and also by factors which are scored. The importance of each quality factor which is scored shall be expressed numerically on the scale of one hundred. The maximum number of points which may be given to specific quality factors shall be forty points for color, thirty points for uniformity of size and type, and thirty points for absence of defects. Roasted macadamia nuts which fall into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to roasted macadamia nuts:

(1) Color classifications shall be as follows:

(A) Roasted macadamia nuts that possess a good color may be given a score of thirty-six to forty points and shall be classified as fancy;

(B) Roasted macadamia nuts that possess a reasonably good color may be given a score of thirty to thirty-five points and shall be classified as choice; and

(C) Roasted macadamia nuts that fail to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-nine points and shall be classified as substandard;

(2) Uniformity of size and type classifications shall be as follows:

(A) Roasted macadamia nuts that are uniform in size and type may be given a score of twenty-seven to thirty points and shall be classified as fancy;

(B) Roasted macadamia nuts that are reasonably uniform in size and type may be given a score of twenty-five or twenty-six points and shall be classified as choice; and

(C) Roasted macadamia nuts that fail to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-four points and shall be classified as substandard; and

(3) Absence of defects classifications shall be as follows:

(A) Roasted macadamia nuts that are practically free from defects may be given a score of twenty-seven to thirty points and shall be classified as fancy;

(B) Roasted macadamia nuts that are reasonably free from defects may be given a score of twenty-five or twenty-six points and shall be classified as choice; and

(C) Roasted macadamia nuts that fail to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-four points and shall be classified as substandard.

(g) Grade determination and lot compliance procedures shall be as follows:

(1) Compliance with grade standards for roasted macadamia nuts shall be determined by evaluating the product, or sample, in accordance with the requirements of those standards; and

(2) The grade assigned to a lot shall be the grade indicated by the average of the total scores of the respective sample units, provided:

(A) The sample complies with the product description;

(B) The sample meets the indicated grade with respect to factors of quality which are not rated by score points;

(C) With respect to those factors of quality rated by score points, each of the following requirements is met:

(i) None of the sample units falls more than one grade below the indicated grade because of any quality factor to which a limiting rule applies;

(ii) None of the sample units falls more than four score points below the minimum total score for the indicated grade; and

(iii) The number of deviants (sample units which fall into the next grade below the indicated grade but do not score more than four score points below the minimum total score for the indicated grade) does not exceed the applicable acceptance number in the sampling plans;

(D) If any of the provisions contained in the requirements of subparagraphs (B) and (C) are not met, the grade shall be determined by considering the provisions in connection with succeedingly lower grades until the grade of the lot, if assignable, is established; and

(E) When it is determined that a portion of a lot bearing a particular identification mark is of lower quality or deficient in other factors, the grade or compliance of the lot shall be no higher than that of the portion bearing the particular identification mark.

Haw. Code R. § 4-44-13

[Eff 5/29/81; am 8/18/83; am and comp 3/42/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)