Damage.

§ 51.901 Damage. Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects which materially detracts from the appearance, or the edible or marketing quality of the individual berry, the appearance of the bunch as a whole, or the marketing quality of the stems. (a) The following shall be considered as damage to the individual berry: (1) Scarring such as that caused by thrips, mildew, rubs, and similar injuries when materially detracting from the appearance of the berry; (2) Discoloration when any light brown, tan, or darker discoloration of the skin materially detracts from the appearance of the berry: Provided, That “sunkissed” berries of the white Malaga variety which show discoloration of amber or light brown color shall not be considered as damaged. “Buckskin” berries of the Tokay variety, and similar injury to other varieties, shall be considered as damaged by discoloration; (3) Heat when the flesh of the berry is affected; (4) Almeria Spot when any spot is distinctly sunken or dark in color; (5) Mildew when active powdery mildew is present; (6) Freezing when the berry is frozen or when the flesh of the berry is affected by freezing; (7) Insect injury when penetrating the skin of the berry or when there is noticeable insect infestation on the bunch; when mealybug residue or aphis honeydew are present in noticeable amounts; or when leafhopper residue materially detracts from the appearance of the individual berry or of the bunch. (b) The following shall be considered as damage to stems: (1) Active powdery mildew or any other disease when present on the stems to the extent that it detracts from the appearance of the bunch or when scars caused by mildew or other disease constrict or weaken any part of the main or lateral stems; and, (2) Freezing when the stems are frozen or the capstems are swollen or dried, or when the main or lateral stems are water-soaked and limp, or dried, as a result of freezing. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]