INSPECTION REQUIRED - All canned ripe olives are required to be inspected and certified prior to importation including a release from custody of the U.S. Customs and Border Protection (CBP). Also, bulk olives for processing into canned ripe olives must be inspected and certified prior to canning. Canned ripe olives shall meet the minimum quality requirements: As specified in § 944.401, the import regulation, and in the Table of § 932.149, which apply as appropriate to canned whole, pitted, sliced, segmented, halved, chopped, and broken pitted olives. No requirements shall be applicable with respect to color and blemishes for canned green ripe olives imported.
CONDITIONS FOR THE IMPORTATION OF COMMODITIES EXEMPT FROM IMPORT REQUIREMENTS - The Importer's Exempt Commodity Form (FV-6) is used for olives destined for consumption in exempt outlets such as charitable organizations or commercial processing into oil.
Contact the Marketing Order and Agreement Division’s (MOAD) Compliance and Enforcement Branch at (202) 720-2491 for more information on filing the FV-6 exemption certificates within two days after the commodity enters the United States.
DISPOSITION OF OLIVES FAILING INSPECTION - Olives failing to meet the above import requirements may be: (1) exported; (2) disposed of under Federal or Federal-State Inspection Service supervision with the importer bearing the costs of certifying the disposal of such olives; (3) diverted to an exempt outlet using the FV-6 form (see various approved outlets and procedures listed above); or (4) reinspected with failed portion disposed of under the procedures of number (2) or (3) above.
INSTRUCTIONS FOR OBTAINING USDA INSPECTION AND CERTIFICATION - The Processed Products Branch, Fruit and Vegetable Program, Agricultural Marketing Service, U.S. Department of Agriculture (USDA), is designated as the governmental inspection agency for the purpose of certifying the quality and size of the olives imported into the United States.
USDA inspection and certification services will be available upon application, in accordance with the rules and regulations governing the inspection and certification of processed fruits and vegetables, processed products thereof, and certain other processed food products [7 CFR Part 52]. The cost of inspection and certification shall be borne by the applicant. Inspection applications should be accompanied by either, (1) an "On Board" bill of lading designating the lots to be entered as canned ripe olives, (2) a list of such lots by variety and their identifying marks, or (3) a list identifying lots by variety of imported bulk olives.
Olive importers should make arrangements at the Western Regional Office for inspection and certification at least 10 days prior to the time when canned ripe olives will be imported, or apply for inspection of bulk olives at the Eastern and Western Regional Offices at least three days prior to their use in the production of canned olives.
Western Regional Office
2202 Monterey Street
Suite 102C
Fresno, California 93721
Telephone: (559) 487-5891
Eastern Regional Office
800 Roosevelt Road
Building A, Suite 380
Glen Ellyn, Illinois 60137
Telephone: (630) 790-6937
DEFINITIONS:
Canned ripe olives means olives in hermetically sealed containers and heat sterilized under pressure, of the two distinct types "ripe" and "green-ripe".
"Ripe" olives are those that have been treated and oxidized in processing to produce a typical dark brown to black color.
"Green-ripe" olives are those that have not been oxidized in processing, which range in color from yellow-green or other greenish casts and may be mottled.
Spanish-style green olives are packed in brine and are fermented and cured. They are otherwise known as "green olives".
"Limited use" means the use of processed olives in the production of packaged olives of the halved, segmented (wedged), sliced, or chopped styles.
Imported bulk olives, when used in production of canned ripe olives, must be inspected and certified as prescribed. Imported bulk olives that do not meet the applicable minimum size requirements specified above may be imported after August 1, 1996, for processing into limited use styles, but must meet the requirements listed below.
Importing any canned ripe olives, or bulk olives for processing into canned, into the United States is prohibited unless such olives are inspected and meet the following minimum size and quality requirements:
Variety 1 (Aghizi Shami, Amellau, Azapa, Balady, Carydolia, Cucco, Gigante di Cerignola, Gordale, Grosane, Jahlut, Polymorpha, Prunara, Ropades, Sevillano, Tafahi, and Touffahi). Imported by size/weight (by count per pound and grams). Canned, whole ripe: not more than 25 percent may weigh less than (1/75 pound) 6 grams each, not more than 10 percent may weigh less that (1/82 pound) 5.5 grams each. Canned, pitted ripe: not more than 25 percent may measure less than 21 millimeters in diameter. Whole ripe (limited use requirements): not more than 35 percent may be smaller than (1/105 pound) 4.3 grams each.
Ascolano, Barouni, and St.Agostino. Imported by size/weight (by count per pound and grams). Canned, whole ripe: not more than 25 percent may weigh less than (1/105 pound) 4.3 grams each, not more than 10% may weigh less than (1/116 pound) 3.9 grams each. Canned, pitted ripe: not more than 25 percent may measure less than 19 millimeters in diameter. Whole ripe (limited use requirements): not more than 35 percent may be smaller than (1/180 pound) 2.5 grams each.
Variety 2 (Manzanillo, Mission, Nevadillo, and Redding Picholine.) Imported by size/weight (by count per pound and grams). Canned, whole ripe: not more than 35 percent may weigh less than (1/140 pound) 3.2 grams each, not more than 7 percent may weigh less than (1/160 pound) 2.8 grams each. Canned, pitted ripe: not more than 35 percent may measure less than 16 millimeters in diameter. Whole ripe (limited use requirement): not more than 35 percent may be smaller than (1/205 pound) 2.2 grams each.
Obliza. Imported by size/weight (by count per pounds and grams). Canned, whole ripe: not more than 35 percent may weigh less than (1/127 pound) 3.5 grams each, not more than 7 percent may weigh less than (1/135 pound) 3.3 grams each. Canned, pitted ripe: not more than 35 percent may measure less than 17 millimeters in diameter. Whole ripe (limited use requirements): not more than 35 percent may be smaller than (1/180 pound) 2.5 grams each.
Unidentifiable Varieties. Imported by size/weight (by count per pound and grams). Canned, whole ripe: not more than 35 percent may weigh less than (1/140 pound) 3.2 grams each, not more than 7 percent may weigh less than (1/160 pound) 2.8 grams each. Canned, pitted ripe: not more than 35 percent may measure less than 16 millimeters in diameter. Whole ripe (limited use requirements): not more than 35 percent may be smaller than (1/205 pound) 2.2 grams each.
EXEMPTIONS FROM THESE REGULATIONS: Such olives are exempted from these requirements if used for charity or for processing into oil, subject to safeguard provisions in § 944.350. Also, these import regulations apply as appropriate to canned whole, pitted, sliced, segmented, halved, chopped, and broken pitted olives, except for natural condition olives acquired and used for olive oil, salt cured oil coated olives (also variously referred to as “Greek Olives,” “Greek Style Olives,” or “Oil Cured Olives,” or Sicilian Style Olives, or shipped to fresh market outlets, as per the provisions in § 932.16. Any person may import up to 100 pounds (drained weight) of canned ripe olives or bulk olives exempt from these grade and size requirements.
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