Each carton contained the following marks and numbers: IQF Raspberry Pieces Net wt. 20lbs (9.072 Kg) Product of Chile

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Lot 1: The cargo consisted of 2,200 individual cartons of frozen raspberry parts (crumbles); each carton was double-wall corrugated with a single polybag containing loose and frozen IQF (Individually Quick Frozen) raspberry crumbles. Each carton contained the following marks and numbers: IQF Raspberry Pieces 5343746 Net wt. 20lbs (9.072 Kg) Product of Chile The cartons were located at Millard Refrigerated Services at McDonough, GA within the freeze cold store with current temp of -10 to -15º F. The berries are block frozen with minimal ice crystals, berry parts were frozen and not broken, no evidence of mushy, no odor and no observation of extraneous material or staining (to Good color (observations taken on samples from 4 cartons which were placed to thaw. The samples were viewed just as they came out of frozen state and demonstrated no odor, good bright color and good taste. The presence of ice was minimal and where noted extended to surface only. In all 10 cartons sections were removed to an average depth of 8 inches (203.2 millimeter) with minimal evidence of icing noted to the interior crumbles. The side surfaces and top surfaces did contain slightly higher amounts of ice crystals. Based on my observations the following (using United States Department of Agriculture guidelines) the following was noted: To grade the frozen raspberries samples were permitted to thaw, and all observations were taken immediately after thawing to the extent that the units may be separated easily. The raspberries were graded on the following factors: color, absence of defects, and character. Color: Classification considered A (38 points). Observed raspberries possessed a bright, practically uniform, typical red color and scored 38 out of 40 points. (Bright, practically uniform, typical color means that the raspberries possess a bright and good characteristic color; that not more than 5 percent, by weight, of the raspberries vary markedly from the intensity and luster of the characteristic color of well-ripened raspberries;

and that none of the raspberries possess a grey cast or darkening characteristic of oxidation or overmaturity.) Defects: Observed raspberries were noted as practically free from defects and given a score of 36 out of 40 points. (Practically free from defects means that there may be present for each 16 ounces of net weight an area of not more than ¼ square inch comprising harmless extraneous material (such as leaves and portions thereof), caps and portions thereof, and loose sepal-like bracts and portions thereof; and not more than 2 stems, including not more than 1 stem which may exceed ½ inch in length, or 1 piece of harmless extraneous material that is not measurable by area ( such as weeds and blades of grass); and that there may be present not more than 5 percent, by weight, of raspberries that are undeveloped raspberries and damaged raspberries.) Character: All observed berries parts appeared of good character and given a score of 19 out of 20 points. Good character Crumbled berries have an individual character unlike crushed and should not be graded as crushed. The berries did demonstrate a small about of ice crystals which are graded in the character.) Total score: 93 out of 100 U.S. Grade A Expected Shelf Life based on above: 18 months minimum at zero degrees Fahrenheit or below. Lot 2: Lot two is located in the cold storage of United States Cold Storage warehouse in Smyrna, TN and consisted of 1,199 individual cartons of frozen raspberry parts (crumbles); each carton was double-wall corrugated with a single polybag containing loose and frozen IQF (Individually Quick Frozen) raspberry crumbles. Each carton contained the following marks and numbers: IQF Raspberry Pieces 5343746 Net wt. 20lbs (9.072 Kg) Product of Chile Carton number 10141021/10155 bag. There was no evidence of mushy, no odor and no observation of extraneous material or staining (to Carton number 10141030/10155 2

bag. There was no evidence of mushy, no odor and no observation of extraneous material or staining (to Carton number 10141035/10155 bag. There was no evidence of mushy, no odor and no observation of extraneous material or staining (to Carton number 10141033/10155 bag. There was no evidence of mushy, no odor and no observation of extraneous material or staining (to Carton number 10141056/10155 The berries crumbles were lumpy with chunks of frozen material and some individual parts loose below. The main block was frozen with ice crystals detected on the berry parts and on the underside of the blue bag. There was no evidence of mushy, no odor and no observation of extraneous material or staining (to Overall: The presence of ice was substantial with visible crystals on the product; good color (observations taken on samples from 5 cartons which were placed to thaw. The samples were viewed just as they came out of frozen state and demonstrated no odor, good bright color, but off taste (not strong but diluted with melted ice crystals). Based on my observations the following (using United States Department of Agriculture guidelines) the following was noted: To grade the frozen raspberry samples were permitted to thaw and all observations were taken immediately after thawing to the extent that the units may be separated easily. The raspberries were graded on the following factors: color, absence of defects, and character. Color: Observed raspberries possessed a bright, practically uniform but icy appearance, typical red color and scored 30 out of 40 points. (Bright, practically uniform, typical color means that the raspberries possess a bright and good characteristic color; that not more than 5%, by weight, of the raspberries vary markedly from the intensity and luster of the characteristic color of well-ripened raspberries; and that none of the raspberries possess a grey cast or darkening characteristic of oxidation or over-maturity.) Defects: Observed raspberries were noted as practically free from defects and given a score of 30 out of 40 points. 3

(Practically free from defects means that there may be present for each 16 ounces of net weight an area of not more than ¼ square inch comprising harmless extraneous material (such as leaves and portions thereof), caps and portions thereof, and loose sepal-like bracts and portions thereof; and not more than 2 stems, including not more than 1 stem which may exceed ½ inch in length, or 1 piece of harmless extraneous material that is not measurable by area (such as weeds and blades of grass); and that there may be present not more than 5%, by weight, of raspberries that are undeveloped and damaged raspberries.) Character: All observed berry parts appeared of poor character and given a score of 5 out of 20 points. Good character Crumbled berries have an individual character unlike crushed and should not be graded as crushed. The berries did demonstrate a small amount of ice crystals which are graded in the character.) Total score: 68 out of 100 U.S. Grade D (sub-standard) Ice damage has produced a lumpy product and firm block of product to approximately 100% of the product. The ice crystals have also affected the taste of the product. Lot 3: Lot two is located in the cold storage of United States Cold Storage warehouse in Smyrna, TN and consisted of 1,100 individual cartons of frozen raspberry whole with pieces; each carton was double-wall corrugated with a single polybag containing loose and frozen IQF (Individually Quick Frozen) raspberry wholes with pieces. The bag was not taped closed nor sealed; the carton itself was closed with a single strip of plastic tape. Cartons were pallet loaded. Each carton contained the following marks and numbers: IQF Raspberry Pieces 7797371 Net wt. 22lbs (10 Kg) Product of Chile Carton number 10209037/10147 The berries (whole) were loose to the touch and easily moved when brushed by hand; the carton when slapped on each side displaced individual berries. All berries displayed a good color with no evidence of mushy, no odor and no extraneous material. Some very sparse staining to the carton (one end) was noted. Carton number 10209038/10147 The berries (whole) were loose to the touch and easily moved when brushed by hand; the carton when slapped on each side displaced individual berries. All berries displayed a good color with no evidence of mushy, no odor and no extraneous material. One long stain to the carton exterior end and small stain to the bottom was noted. Carton number 10209067/10147 The berries (whole) were firm to the touch and did not move when brushed by hand, the carton rotated 90 degrees and did not spill product. The berries contained ice crystals on the surface. The inside and outside 4

of the bag contained ice crystals. All berries displayed a good color with no evidence of mushy, no odor and no extraneous material. Minor stains to the carton exterior end and small stain to the bottom was noted. Carton number 10209034/10147 The berries (whole) were loose to the touch and moved when brushed by hand (some effort was needed near the corners), the carton when slapped on each side displaced individual berries. All berries displayed a good color with no evidence of mushy, no odor and no extraneous material. Some very sparse staining to the carton (one end) was noted. Carton number 10209054/147 The berries (whole) were loose to the touch and moved when brushed by hand; the carton when slapped on each side displaced individual berries. All berries displayed a good color with no evidence of mushy, no odor and no extraneous material. Some very sparse staining to the carton (one end) was noted. Overall: The presence of ice was significant to about 15% of the cartons producing visible crystals on the product, the inside of the bag as well as the outside giving the product a firm uniformity in a block. In all, there was good color (observations taken on samples from 5 cartons which were placed to thaw.) The samples were viewed just as they came out of frozen state and demonstrated no odor, good bright color but off taste (not strong but tasted icy). Based on my observations the following (using United States Department of Agriculture guidelines) the following was noted: To grade the frozen raspberries samples were permitted to thaw and all observations were taken immediately after thawing to the extent that the units may be separated easily. The raspberries were graded on the following factors: color, absence of defects, and character. Color: Observed raspberries possessed a bright, practically uniform but icy appearance, typical red color and scored 30 out of 40 points. (Bright, practically uniform, typical color means that the raspberries possess a bright and good characteristic color; that not more than 5%, by weight, of the raspberries vary markedly from the intensity and luster of the characteristic color of well-ripened raspberries; and that none of the raspberries possess a grey cast or darkening characteristic of oxidation or over-maturity.) Defects: Observed raspberries were noted as practically free from defects and given a score of 35 out of 40 points. (Practically free from defects means that there may be present for each 16 ounces of net weight an area of not more than ¼ square inch comprising harmless extraneous material (such as leaves and portions thereof), caps and portions thereof, and loose sepal-like bracts and portions thereof; and not more than 2 stems, including not more than 1 stem which may exceed ½ inch in length, or 1 piece of harmless extraneous material that is not measurable by area (such as weeds and blades of grass); and that there may be present not more than 5%, by weight, of raspberries that are undeveloped and damaged raspberries.) 5

Character: All observed berries parts appeared of poor character and given a score of 15 out of 20 points. (Good character Crumbled berries have an individual character unlike crushed and should not be graded as crushed. The berries did demonstrate a small about of ice crystals which are graded in the character.) Total score: 82 out of 100 U.S. Grade B