(1) A lot found by the inspector to contain unwholesome fruit may be regraded by the owner or his agent, for reinspection of that portion to be processed, provided:
    (2) Lots of fruit containing three percent or less decay, or fifteen percent or less otherwise unwholesome fruit may, after proper grading be stored in the bins, or without grading be removed from the premises at the option of the processor or the owner.
    (3) Lots of fruit containing more than three percent decay, or more than fifteen percent otherwise unwholesome fruit shall, when properly regraded, be stored in the bins. Should the processor elect not to accept the fruit, or after attempting to grade the fruit finds it impractical and discontinues unloading, it shall be the responsibility of the owner to separate the unwholesome and wholesome fruit prior to removing the fruit from the processor’s premises except upon a clearance signed by the inspector authorizing removal to a more suitable place for grading. After the lot has been regraded, it may be re-offered for processing provided it is unloaded in the presence of a state inspector. Failure of the owner to properly regrade the lot of fruit may subject it to seizure and destruction.
Rulemaking Authority 601.10(7), 601.11, 601.54 FS. Law Implemented 601.53, 601.10(7), 601.11, 601.54 FS. History-Formerly 105-1.25(1), Amended 1-1-75, Formerly 20-62.04.