(a) Definitions.
(1) Walnuts means all walnuts commonly known as English or Persian walnuts (Juglans regia).
(2) Inshell walnuts means walnuts, the kernels or edible portions of which are contained in the shell.
(3) Shelled walnuts means the kernels of walnuts after the shells are removed.
(4) Person means any individual, partnership, corporation, association, or other business unit.
(5) USDA Inspector means any Federal or Federal-State inspector of the Fresh Products Standardization and Inspection Branch of the Fruit and Vegetable Division, Consumer and Marketing Service, United States Department of Agriculture.
(6) Importation of walnuts means the release of walnuts from the custody of the United States Customs Service.
(b) Grade and size regulations. No person may import walnuts (Juglans regia) into the United States unless such walnuts have been inspected and certified by a USDA inspector as meeting the following requirements:
(1) Inshell walnuts. All inshell walnuts shall be of a quality equal to or better than the requirements of U.S. No. 2 and “baby” size as prescribed in the United States Standards for Walnuts (Juglans regia) in the Shell (§§ 51.2945 through 51.2966 of this title); or
(2) Shelled walnuts. All shelled walnuts shall be of a quality equal to or better than the requirements for U.S. Commercial Grade as prescribed in the United States Standards for Shelled Walnuts (Juglans regia) (§§ 51.2275 through 51.2294 of this title excluding §§ 51.2278(b), 51.2284 and 51.2285) effective January 25, 1959, except that the minimum size shall be pieces not more than five percent of which will pass through a round opening 6⁄64 inch in diameter and no other size requirements shall apply.
(c) Inspection and certification.
(1) All inspections and certifications required by paragraph (b) of this section shall be made by USDA inspectors in accordance with the regulations governing the inspection and certification of fresh fruits, vegetables, and other products (Part 51 of this title). The cost of inspection and certification shall be borne by the applicant.
(2) Each inspection certificate shall set forth among other things the following:
(i) The date and place of inspection;
(ii) The name of the applicant;
(iii) The name of the importer;
(iv) The Customs entry number pertaining to the lot or shipment covered by the certificate;
(v) The quantity and identifying marks of the container; and
(vi) The statement, if applicable, “Meets U.S. import requirements under section 8e of the Agricultural Marketing Agreement Act of 1937”.
(3) Whenever walnuts are offered for inspection, the applicant shall furnish any labor and pay any costs incurred in moving and opening containers as may be necessary for proper sampling and inspection. The applicant shall also furnish the USDA inspector the entry number and such other identifying information for each lot as he may request.
(4) Inspection must be completed prior to the importation of walnuts.
(d) Reconditioning prior to importation. Nothing contained in this section shall be deemed to preclude reconditioning walnuts prior to importation, in order that such walnuts may be made eligible to meet the grade and size regulations prescribed in paragraph (b) of this section.
(e)
(1) Minimum quantity. Notwithstanding any other provision of this section, the importation of any lot of walnuts which does not exceed, in net weight, 60 pounds of shelled walnuts or 115 pounds of inshell walnuts shall be exempt from the requirements of this section.
(2) Exemptions. The grade, size, quality and maturity requirements of this section shall not apply to walnuts which are: green walnuts (so immature that they cannot be used for drying and sale as dried walnuts); walnuts used in non-competitive outlets such as use by charitable institutions, relief agencies, governmental agencies for school lunch programs, and diversion to animal feed or oil manufacture, but such walnuts shall be subject to the safeguard provisions contained in § 999.500.
(f) Other import requirements. The provisions of this section do not supersede any restrictions or prohibitions on walnuts under the Federal Plant Quarantine Act of 1912, or any other applicable laws or regulations of city, county, State, or Federal Agencies including the Federal Food, Drug and Cosmetic Act.
(g) Compliance. Any person violating any of the provisions of this regulation is subject to a forfeiture in the amount prescribed in section 608a(5) of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), or, upon conviction, a penalty in the amount prescribed in section 608c(14) of said act, or to both such forfeiture and penalty. False representations in any matter within the jurisdiction of any agency of the United States, knowing it to be false, is a violation of 18 U.S.C. 1001 which provides for a fine or imprisonment or both.
[29 FR 230, Jan. 9, 1964, as amended at 40 FR 29263, July 11, 1975; 41 FR 2075, Jan. 14, 1976; 42 FR 35146, July 8, 1977; 58 FR 69190, Dec. 30, 1993; 74 FR 2809, Jan. 16, 2009; 85 FR 12296, Mar. 6, 2020]