reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 163 - Use Of Official State Brands Or Trademarks › Section 163.13 - Penalty for violation

Current through Register Vol. 46, No. 28, July 10, 2024
For any violation of the provisions of section 156-h of
					 article 12-A of the Agriculture and Markets Law or of these regulations, the
					 privilege of using any official State trademark label may be revoked after
					 notice and an opportunity to be heard. The commissioner may temporarily suspend
					 any permit or license to use this trademark or imprint thereof, pending such
					 hearing for revocation or cancellation. In case of such temporary suspension, a
					 hearing shall be held within 30 days of the issuance of the suspension and
					 notice of such hearing shall be served personally or by registered mail at
					 least 10 days previous to such hearing. Every person violating any of the
					 provisions of section 156-h or article 12-A of the Agriculture and Markets Law,
					 or of any provisions of these regulations shall be subject to the penalties
					 prescribed by article 3 of the Agriculture and Markets Law, or, in the judgment
					 of the commissioner, to both such penalties and revocation of the privilege to
					 use the official State trademark label issued by the
					 commissioner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 163 - Use Of Official State Brands Or Trademarks › Section 163.14 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 165 - Potato Grades And Definitions Of Culls › Section 165.1 - Grades

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Extra No. 1.
				  "Extra No. 1" consists of potatoes which meet the following requirements:
(1) Similar varietal
				  characteristics.
(2)
				  Firm.
(3) Clean.
(4) At least fairly well matured.
(5) Fairly well shaped, with 50 percent or
				  more well shaped.
(6) Free from:
(i) freezing;
(ii) blackheart;
(iii) late blight, southern bacterial wilt
				  and ring rot; and
(iv) soft rot and
				  wet breakdown.
(7) Free
				  from injury caused by:
(i) sprouts;
				  and
(ii) internal
				  defects.
(8) Free from
				  damage by any other cause.
(9)
				  Size. The potatoes shall be not less than 2 1/4 inches in diameter or five
				  ounces in weight and shall not vary more than 1 1/4 inches in diameter or more
				  than six ounces in weight.
(10) For
				  tolerances see section
				  165.4  of this
				  Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 165 - Potato Grades And Definitions Of Culls › Section 165.2 - Unclassified

Current through Register Vol. 46, No. 28, July 10, 2024
"Unclassified" consists of potatoes which have not been
					 classified in accordance with any of the foregoing grades. The term
					 "unclassified" is not a grade within the meaning of these standards but is
					 provided as a designation to show that no grade has been applied to the
					 lot.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 165 - Potato Grades And Definitions Of Culls › Section 165.3 - Size

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The minimum
				  size, or minimum and maximum sizes may be specified in connection with the
				  grade in terms of diameter or weight of the individual potato, or in accordance
				  with one of the size designations in subdivision (c), Table I, or subdivision
				  (d), Table II: provided, that sizes so specified shall not be in confiict with
				  the basic size requirements for the grade.
(b) When size is specified in terms of the
				  customary sizes of potatoes packed to count in standard 50-pound cartons, the
				  weight ranges shown in Table II shall apply. These size designations may be
				  applied to potatoes packed in any size container: provided, that the weight
				  ranges are within the limits specified.
(c)
Table I.
Size designation
Minimum
								  diameter
1
or
								  weight
Maximum
								  diameter
1
or
								  weight
Inches
Ounces
Inches
Ounces
Size A 2 .......
1 7/8
3
3
3
Size B .......
11/2
3
21/4
3
Small .......
13/4
3
21/2
6
Medium .......
21/4
5
31/4
10
Large .......
3
10
41/4
16
(d)
Table II.
Size designation
Minimum weight
Maximum weight
Ounces
Ounces
Under 59 .......
15
-
50 .......
12
19
60 .......
10
16
70 .......
9
15
80 .......
8
13
90 .......
7
12
100 .......
6
10
110 .......
5
9
120 .......
4
8
130 .......
4
8
140 .......
4
8
Over 140 .......
4
8
Footnotes
1 Diameter means the greatest dimension at right angles to
					 the longitudinal axis, without regard to the position of the stem end.
2 In addition to the minimum size specified, a lot of
					 potatoes designated as size A shall contain at least 40 percent of potatoes
					 which are 21/2 inches in diameter or larger or six ounces in weight or
					 larger.
3 No requirement.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 165 - Potato Grades And Definitions Of Culls › Section 165.4 - Tolerances

Current through Register Vol. 46, No. 28, July 10, 2024
In order to allow for variations incident to proper grading
					 and handling in each of the foregoing grades, the following tolerances, by
					 weight, are provided as specified:
(a)
				  For defects.
(1) Extra No. 1. A total of five
				  percent for potatoes in any lot which fail to meet the requirements for the
				  grade: provided, that not more than two-fifths of this tolerance, or two
				  percent, shall be allowed for potatoes which are affected by freezing, southern
				  bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including
				  therein not more than one-half of one percent for potatoes which are frozen or
				  affected by soft rot or wet breakdown. See section
				  165.5.
(2) No. 1. A total of eight
				  percent for potatoes in any lot which fail to meet the requirements for the
				  grade: provided, that included in this tolerance not more than the following
				  percentages shall be allowed for the defects listed:
(i) five percent for external
				  defects;
(ii) five percent for
				  internal defects; or,
(iii) Three
				  percent for potatoes which are affected by freezing, southern bacterial wilt,
				  ring rot, late blight, soft rot or wet breakdown, including therein not more
				  than one percent for potatoes which are frozen or affected by soft rot or wet
				  breakdown.
(3) U.S.
				  commercial. A total of 20 percent for potatoes in any lot which fail to meet
				  the requirements for the grade: provided, that included in this tolerance not
				  more than the following percentages shall be allowed for the defects listed:
(i) 10 percent for potatoes which fail to
				  meet the requirements for U.S. No. 2 grade, including therein not more
				  than:
(ii) six percent for external
				  defects;
(iii) six percent for
				  internal defects; or,
(iv) three
				  percent for potatoes which are affected by freezing, southern bacterial wilt,
				  ring rot, late blight, soft rot or wet breakdown, including therein not more
				  than one percent for potatoes which are frozen or affected by soft rot or wet
				  breakdown.
(4) U.S. No.
				  2. A total of 10 percent for potatoes in any lot which fail to meet the
				  requirements for the grade: provided, that included in this tolerance not more
				  than the following percentages shall be allowed for the defects listed:
(i) six percent for external
				  defects;
(ii) six percent for
				  internal defects; or,
(iii) three
				  percent for potatoes which are affected by freezing, southern bacterial wilt,
				  ring rot, late blight, soft rot or wet breakdown, including therein not more
				  than one percent for potatoes which are frozen or affected by soft rot or wet
				  breakdown
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 165 - Potato Grades And Definitions Of Culls › Section 165.5 - Application of tolerances

Current through Register Vol. 46, No. 28, July 10, 2024
Individual samples shall have not more than double the
					 tolerances specified, except that at least one defective and one off-size
					 potato may be permitted in any sample: provided, that en route or at
					 destination one-tenth of the samples may contain three times the tolerance
					 permitted for potatoes which are frozen or affected by soft rot or wet
					 breakdown: and provided further, that the averages for the entire lot are
					 within the tolerances specified for the grade.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 165 - Potato Grades And Definitions Of Culls › Section 165.6 - Samples for grade and size determination

Current through Register Vol. 46, No. 28, July 10, 2024
Individual samples shall consist of at least 20 pounds.
					 When the individual packages contain at least 20 pounds, each individual sample
					 is drawn from one package; when packages contain less than 20 pounds, a
					 sufficient number of adjoining packages are opened to provide at least a
					 20-pound sample. The number of such individual samples drawn for grade and size
					 determination will vary with the size of the lot.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 165 - Potato Grades And Definitions Of Culls › Section 165.7 - Skinning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				  definitions provide a basis for describing lots of potatoes as to the degree of
				  skinning whenever description may be appropriate:
(1) Practically no skinning means that not
				  more than five percent of the potatoes in the lot have more than one-tenth of
				  the skin missing or feathered;
(2)
				  Slightly skinned means that not more than 10 percent of the potatoes in the lot
				  have more than one-fourth of the skin missing or feathered;
(3) Moderately skinned means that not more
				  than 10 percent of the potatoes in the lot have more than one-half of the skin
				  missing or feathered; and
(4) Badly
				  skinned means that more than 10 percent of the potatoes in the lot have more
				  than one-half of the skin missing or feathered.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 165 - Potato Grades And Definitions Of Culls › Section 165.9 - Culls

Current through Register Vol. 46, No. 28, July 10, 2024
Definitions of "culls" as applied to potatoes: Any lot of
					 potatoes which contains:
(a) more than
				  two percentum of potatoes which are frozen, or affected by soft rot or wet
				  breakdown.
(b) more than five
				  percentum in the aggregate which are frozen, or affected by southern bacterial
				  wilt, ring rot, late blight, soft rot or wet breakdown.
(c) more than a total of 15 percentum by
				  weight of potatoes which fail to meet the requirements of the No. 2
				  grade.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 166 - Rules And Regulations Relating To Potatoes › Section 166.1 - "u.s." on graded potatoes

Current through Register Vol. 46, No. 28, July 10, 2024
In describing or marking potatoes packed or repacked within
					 this State and offered for sale on a graded basis, the letters "U.S." may be
					 prefixed to any of the grade terms, and when so prefixed the potatoes to which
					 they relate shall be regarded as represented as graded according to New York
					 State official potato grades.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 166 - Rules And Regulations Relating To Potatoes › Section 166.2 - "cull" potatoes identification

Current through Register Vol. 46, No. 28, July 10, 2024
Any lot of "cull" potatoes, regardless of place of origin,
					 when sold or offered for sale in this State shall be definitely represented as
					 cull potatoes. Every invoice rendered in connection with the sale of cull
					 potatoes shall describe the potatoes as "cull" potatoes.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 166 - Rules And Regulations Relating To Potatoes › Section 166.3 - Marking "cull" lots

Current through Register Vol. 46, No. 28, July 10, 2024
Any lot of "cull" potatoes, regardless of place of origin,
					 when exposed for sale or transported for sale within this State, either in
					 closed containers, open containers or in bulk, shall be plainly and
					 conspicuously marked "culls." When "cull" potatoes are delivered to a common
					 carrier for shipment or are being moved to market in a truck or other medium of
					 transportation, such delivery or such movement shall be presumptive evidence of
					 transport of sale.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 166 - Rules And Regulations Relating To Potatoes › Section 166.4 - Clearly show grade in advertisement with price

Current through Register Vol. 46, No. 28, July 10, 2024
Any advertisement of potatoes for sale at a given price
					 shall plainly and conspicuously indicate the grade of such
					 potatoes.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter A - Grading of Farm Products (Article 12-A Agriculture and Markets Law) › Part 166 - Rules And Regulations Relating To Potatoes › Section 166.5 - Marking requirements

Current through Register Vol. 46, No. 28, July 10, 2024
All required markings shall be clear and legible, plainly
					 printed, stenciled, or stamped. Labels used in connection with transparent film
					 type packages shall, if inserted, be placed face out in conspicuous manner and
					 position.
(a) For packages containing
				  less than 10 pounds, all required markings shall be at least 1/8 inches in
				  height.
(b) For packages containing
				  10 or more and less than 50 pounds, all required markings shall be at least 3/8
				  inches in height.
(c) For packages
				  containing 50 pounds or more, all required markings shall be at least 5/8
				  inches in height.
(d) All required
				  markings on TAGS shall be at least 5/8 inches in height, except for marking
				  "culls."
(e) All marks designating
				  "cull" potatoes shall be at least 11/2 inches in height.
(f) Grade markings on display signs used in
				  connection with bulk displays shall be at least one inch in height.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter B - GRADING OF MAPLE PRODUCTS › Part 176 - Standards For Grading Maple Sugar (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Agriculture and Markets Law,
					 §§ 18, 160-u [d]
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.3 - Unclassified grade and culls

Current through Register Vol. 46, No. 28, July 10, 2024
Unclassified consist of apples which have not been
					 classified in conformity with any of the foregoing grades. The terms
					 unclassified and culls are not grades within the meaning of these standards but
					 are provided to show that no definite grade has been applied to the lot, but
					 each such lot must meet the following requirements:
(a) Unclassified consists of ungraded apples:
				  provided, that not more than a total of 15 per cent of the apples in any lot
				  may be culls, but not more than 1/15 of the culls, or one per cent of the lot
				  shall be allowed for apples affected by decay. (See definition of
				  culls.)
(b) Culls consist of apples
				  which contain more than a total of 15 per cent of apples which fail to meet the
				  requirements of U.S. Utility grade.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.4 - Tolerances

Current through Register Vol. 46, No. 28, July 10, 2024
In order to allow for variations incident to proper grading
					 and handling in each of the foregoing grades the following tolerances are
					 provided as specified:
(a) Defects.
(1) U.S. Extra Fancy, U.S. Fancy, U.S. No. 1,
				  U.S. No. 1 Early and U.S. No. 1 Hail grades: 10 per cent of the apples in any
				  lot may fail to meet the requirements of the grade, but not more than one half
				  of this amount, or five per cent, shall be allowed for apples which are
				  seriously damaged, including therein not more than one per cent for apples
				  affected by decay or internal breakdown.
(2) U.S. Utility grade: 10 per cent of the
				  apples in any lot may fail to meet requirements of the grade, but not more than
				  one half of this amount, or five per cent, shall be allowed for apples which
				  are seriously damaged by insects, and including in the total tolerance not more
				  than one per cent for apples affected by decay or internal breakdown.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.5 - Application of tolerances

Current through Register Vol. 46, No. 28, July 10, 2024
The contents of individual packages in the lot, are subject
					 to the following limitations: provided, that the averages for the entire lot
					 are within the tolerances specified for the grade:
(a) Packages which contain more than 10
				  pounds:
(1) Shall have not more than one and
				  one-half times a specified tolerance of 10 per cent or more and not more than
				  double a tolerance of less than 10 per cent, except that at least one apple
				  which is seriously damaged by insects or affected by decay or internal
				  breakdown may be permitted in any package.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.6 - Calculation of percentages

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  When the numerical count is marked on the container, percentages shall be
				  calculated on the basis of count.
(b) When the minimum diameter or minimum and
				  maximum diameters are marked on the container, percentages shall be calculated
				  on the basis of weight.
(c) When
				  the apples are in bulk, percentages shall be calculated on the basis of
				  weight.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.7 - Condition after storage or transit

Current through Register Vol. 46, No. 28, July 10, 2024
Decay, scald or any other deterioration which may have
					 developed on apples after they have been in storage or transit shall be
					 considered as affecting condition and not the grade.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.8 - Packing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Apples tray packed or cell packed in cartons shall be arranged according to
				  approved and recognized methods. Packs shall be at least fairly tight[FN1] or
				  fairly well filled[FN2].
(b) Closed
				  cartons containing apples not tray or cell packed shall be fairly well filled2
				  or the pack shall be sufficiently tight to prevent any appreciable movement of
				  the apples.
(c) Packs in wooden
				  boxes or baskets shall be sufficiently tight to prevent any appreciable
				  movement of apples within containers when the packages are closed. Each wrapped
				  apple shall be completely enclosed by its individual wrapper.
(d) Apples on the shown face of any container
				  shall be reasonably representative in size, color and quality of the
				  contents.
(e) Tolerances. In order
				  to allow for variations incident to proper packing, not more than 10 per cent
				  of the containers in any lot may fail to meet these requirements.
[FN1] Fairly tight means that apples are of the proper size
					 for molds or cell compartments in which they are packed, and that molds or
					 cells are filled in such a way that no more than slight movement of apples
					 within molds or cells is possible. The top layer of apples, or any pad or space
					 filler over the top layer of apples shall be not more than three-quarters inch
					 below the top edge of the carton.
[FN2] Fairly well filled means that the net weight of
					 apples in containers ranging from 2,100 to 2,900 cubic inch capacity is not
					 less than 37 pounds for Cortland, Gravenstein, Jonathan, McIntosh and Golden
					 Delicious varieties and not less than 40 pounds for all other
					 varieties.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.9 - Marking requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The numerical count or the minimum diameter of the apples packed in a closed
				  container shall be indicated on the container.
(b) When the numerical count is not shown the
				  minimum diameter shall be plainly stamped, stenciled, or otherwise marked on
				  the container in terms of whole inches, or whole inches and not less than
				  eighth inch fractions thereof, in accordance with the facts.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.10 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Mature means
				  that the apples have reached the stage of development which will insure the
				  proper completion of the ripening process. Before a mature apple becomes
				  overripe it will show varying degrees of firmness, depending upon the stage of
				  the ripening process. The following terms are used for describing different
				  stages of firmness of apples:
(1) Hard means
				  apples with a tenacious flesh and starchy flavor.
(2) Firm means apples with a tenacious flesh
				  but which are becoming crisp with a slight starchy flavor, except the Delicious
				  variety.
(3) Firm ripe means apples
				  with crisp flesh except that the flesh of the Gano, Ben Davis, and Rome Beauty
				  varieties may be slightly mealy.
(4) Ripe means apples with mealy flesh and
				  soon to become soft for the variety.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 185 - Standards For Grades Of Apples › Section 185.11 - Condition standards for export

Current through Register Vol. 46, No. 28, July 10, 2024
These standards may be applied to domestic shipments of
					 apples as well as export lots, and may be referred to as "U.S. Condition
					 Standards."
(a) Not more than five per
				  cent of the apples in any lot shall be further advanced in maturity than firm
				  ripe.
(b) Not more than five per
				  cent of the apples in any lot shall be damaged by storage scab.
(c) Not more than a total of five per cent of
				  the apples in any lot shall be affected by scald, internal breakdown, freezing
				  injury, or decay; or damaged by water core[FN2], bitter pit, Jonathan spot, or
				  other condition factors: provided, that:
(1)
				  not more than a total of two per cent shall be allowed for apples affected by
				  decay and soft scald;
(2) not more
				  than two per cent shall be allowed for apples affected by internal breakdown;
				  and,
(3) not more than two per cent
				  shall be allowed for apples affected by slight scald.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.1 - Closed packages; definition

Current through Register Vol. 46, No. 28, July 10, 2024
Baskets with covers, burlap-covered barrels, closed
					 cartons, crates, boxes and barrels are included in the term "closed packages",
					 except containers of 10 pounds or less packed in the store in accordance with
					 section 159  of the Agriculture and Markets
					 Law.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.2 - Branding

Current through Register Vol. 46, No. 28, July 10, 2024
All closed packages of apples must be plainly marked
					 with:
(a) The name of the variety of
				  apples contained within the package. If the name is not known, the package
				  shall be branded "Variety unknown".
(b) The grade of apples contained
				  therein.
(c) The minimum diameter
				  or numerical count of the apples contained in the package. (The maximum size
				  may also be stated, and it is desirable that it be included in export
				  shipments.)
(d) The quantity of
				  apples contained in the package, either by weight or measure.
(e) The name and address of the packer or
				  person by whose authority the apples were packed and the packages marked. When
				  the branding of any closed package of apples is changed, the person by whose
				  authority the change is made shall cancel the name and address of the original
				  packer and substitute therefor his own name and address.
(f) The words "New York" or the abbreviation
				  therefor shall also be marked upon the package, if the apples were grown in New
				  York State.
(g) All markings shall
				  be clear and legible. Height of letters or numbers, indicating the grade and
				  minimum diameter or numerical count shall be at least equal in height to all
				  other required markings.
(1) For packages
				  containing more than 10 pounds net, all markings shall be in letters or numbers
				  not less than three-eighths inch in height.
(2) For packages containing 10 pounds or
				  less, all markings shall be in letters or numbers at least one-eighth inch in
				  height.
(3) All markings may be
				  applied by the use of rubber stamps or stencils or by the use of pasters or
				  labels attached upon or inserted, face out, within a transparent package. Other
				  marks designating private brands will be permitted, but must not include any
				  statement conflicting with the markings required by statute or by these rules
				  and regulations.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.3 - Deceptive branding and labeling of packages

Current through Register Vol. 46, No. 28, July 10, 2024
The law specifically prohibits the sale or transporting for
					 sale of apples, either in open or closed packages, if the package or the label
					 shall bear any statement, design or device which is false or misleading in any
					 particular.
Statements such as "Fancy" on U.S. No. 1, or on any grade
					 other than U.S. Fancy, or the use of the term "Extra Choice" on poor apples
					 branded "Unclassified", and all similar deceptive and misleading statements are
					 forbidden by statute.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.4 - Facing

Current through Register Vol. 46, No. 28, July 10, 2024
The facing of an open or closed package with the largest,
					 highest-colored and best quality apples in the package is not permitted. It is
					 required that the face or shown surface of the package shall be an average of
					 the contents as to size, color and freedom from defects.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.5 - Delivery to storage

Current through Register Vol. 46, No. 28, July 10, 2024
When apples in closed packages are delivered to a storage
					 warehouse for storage, such delivery is presumptive evidence that the apples
					 are intended for sale. The packages of apples become subject to inspection and
					 must be properly branded. In the case of apples placed in storage for packing
					 or processing later, the owner may file with the operator of the storage a
					 statement in writing, signed by the owner, describing the apples, indicating
					 storage lot numbers or other definite identification, stating the number of
					 packages, and declaring that they are either to be used for processing or are
					 to be repacked and properly branded before shipment. Said notice is to be
					 placed on file with the first delivery and amended with each subsequent
					 delivery to correspond at all times with the total number of packages stored.
					 Such a statement will be regarded by the department as overcoming the
					 presumption that the apples are intended for sale, provided that the statement
					 is kept continuously available for examination by representatives of the
					 department, and that due notice is given to the department when the apples are
					 repacked and branded.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.6 - Delivery to any carrier

Current through Register Vol. 46, No. 28, July 10, 2024
Closed packages of apples delivered to a transportation
					 company for shipment are presumed to be intended for sale, and must be packed
					 and branded as required by law, unless the owner can prove that such apples are
					 not intended for sale as packed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.7 - Culls

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  sell, expose for sale or transport for sale, except for processing or
				  manufacturing, open packages of apples containing more than 15 percent by
				  weight or measure of "culls" as culls are defined in the Definition of Terms
				  accompanying the New York State Standards for grading and classifying apples
				  fixed and promulgated contemporaneously herewith, unless the packages be
				  plainly and conspicuously marked with the word "Culls". This prohibition shall
				  not apply to apples sold by the grower on a "tree run" basis when the apples
				  are to be re-packed before re-sale.
(b) No apples so defined as "culls" shall be
				  included in any closed package of apples, except within the tolerances
				  established for the several New York State standard grades for unavoidable
				  variations incident to proper grading, sorting and handling.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.8 - Bulk displays

Current through Register Vol. 46, No. 28, July 10, 2024
A "bulk display" within the meaning of section 159 of
					 article 13 of the Agriculture and Markets Law shall:
(a) be located closely adjacent to the
				  packaged apples of which it is intended to serve as a sample and near enough to
				  permit ready comparison;
(b)
				  consist of a quantity of apples sufficiently and adequately representative of
				  the number of containers displayed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.9 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 159
Any advertisement of apples for sale at a given price shall
					 plainly and conspicuously indicate and state the grade and variety of the
					 apples so advertised.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 186 - Rules And Regulations Relating To Apples › Section 186.10 - Packaging of orchard run grade of apples

Current through Register Vol. 46, No. 28, July 10, 2024
Agriculture and Markets Law, § 159
No person shall sell, expose for sale or transport for sale
					 apples graded orchard run in closed packages of 10 pounds or less net
					 weight.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 187 - Rules And Regulations As To Controlled Atmosphere In Relation To Apples › Section 187.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				  means the Commissioner of Agriculture and Markets of the State of New
				  York.
(b) Department means the
				  Department of Agriculture and Markets.
(c) Person means any individual, corporation,
				  partnership, association or other organized group or persons, or any business
				  entity, by whatever name designated and whether or not incorporated.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 187 - Rules And Regulations As To Controlled Atmosphere In Relation To Apples › Section 187.2 - Application only to apple rooms or storage buildings

Current through Register Vol. 46, No. 28, July 10, 2024
The following rules and regulations apply only to rooms or
					 storage buildings containing apples.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 187 - Rules And Regulations As To Controlled Atmosphere In Relation To Apples › Section 187.3 - Registration; assigned "ca" number

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person owning or operating a
				  controlled atmosphere room or storage building or packers or repackers of
				  apples coming under the provisions of section 156-dd  of the Agriculture and
				  Markets Law shall register with the commissioner on a form prescribed by the
				  commissioner. The registration period shall commence on August 1st and end on
				  July 31st of each year. Owners or operators of such a room or storage building
				  shall register on or before August 1st of each year.
(b) The commissioner shall assign each
				  approved registrant a registration number preceded by the letters CA. This
				  number shall be marked on all containers coming under the provisions of this
				  Part and shall be in accordance with all provisions pertaining to the markings
				  as set forth in any article of the Agriculture and Markets Law.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 187 - Rules And Regulations As To Controlled Atmosphere In Relation To Apples › Section 187.4 - Daily air components determination; oxygen percentage regulated

Current through Register Vol. 46, No. 28, July 10, 2024
Each owner or operator shall make the required air
					 components determinations daily. The percent of oxygen shall be reduced to five
					 percent within 20 days after date of sealing.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 187 - Rules And Regulations As To Controlled Atmosphere In Relation To Apples › Section 187.5 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each owner or
				  operator shall maintain a record for each room on an approved form or forms.
				  The records shall include owner or operator's name and address, room number,
				  date of sealing, date of opening, capacity in bushels, lot identification,
				  number of bushels within each lot, daily air constituents determination
				  recordings showing date of test, time of test, percentage of oxygen,
				  temperature and comments.
(b) Any
				  person selling, offering for sale or transporting for sale within this State
				  apples coming under the provisions of this section shall furnish an invoice
				  covering the sale of such apples. Each invoice shall indicate the CA
				  registration number assigned to the owner or owners of the controlled
				  atmosphere room or storage building in which each lot or lots of apples
				  included thereon were kept. Each invoice shall also include the CA number
				  required to be marked on each container within each lot or lots of apples
				  included thereon.
(c) Each owner or
				  operator shall submit to the department, within 20 days after date of sealing,
				  a report in writing, for each room showing room number, date of sealing and
				  number of bushels contained therein.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 187 - Rules And Regulations As To Controlled Atmosphere In Relation To Apples › Section 187.6 - Storage of apples

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  McIntosh, Cortland, Empire and Jonamac varieties may be represented as having
				  been exposed to controlled atmosphere, provided that the controlled atmosphere
				  rooms in which the apples are stored are filled, sealed and reduced to a five
				  percent oxygen level within seven days from the date filling begins and the
				  apples are held in such storage for a minimum of 60 days at not more than five
				  percent oxygen.
(b) Cortland,
				  Empire and Jonamac varieties may also be represented as having been exposed to
				  controlled atmosphere, provided that the controlled atmosphere rooms in which
				  the apples are stored are reduced to a five percent oxygen level within 20 days
				  from the date of sealing and the apples are held in such storage for a minimum
				  of 90 days at not more than five percent oxygen.
(c) McIntosh variety may also be represented
				  as having been exposed to controlled atmosphere provided that the controlled
				  atmosphere rooms in which the apples are stored are filled and sealed within 14
				  days from the date filling begins and are reduced to a five percent oxygen
				  level within 20 days from the date of sealing and the apples are held in such
				  storage for a minimum of 90 days at not more than five percent
				  oxygen.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 187 - Rules And Regulations As To Controlled Atmosphere In Relation To Apples › Section 187.7 - Sealing and reopening of controlled atmosphere rooms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All controlled atmosphere rooms shall,
				  upon complying with the filling, sealing and atmosphere requirements of this
				  Part, be sealed by a department seal affixed by an authorized department
				  representative. Any such sealed room may not be entered during the required 60-
				  or 90-day storage period except under the following conditions:
(1) to make repairs necessary to maintain
				  proper storage conditions, in which event the commissioner or his authorized
				  representative shall be notified of such entry within 48 hours;
(2) for the purpose of removing apples, such
				  entry being subject to the following requirements:
(i) that the commissioner or his authorized
				  representative be notified of the amount to be removed 24 hours prior to
				  opening the room; and
(ii) that no
				  apples be added during the time the room is open; and
(iii) that while open, the temperature of
				  rooms containing soft varieties, such as McIntosh and Cortland, not exceed 42
				  degrees Fahrenheit, and of rooms containing hard varieties, such as Delicious,
				  Rome and Stayman Winesap, not exceed 36 degrees Fahrenheit; and
(iv) that the oxygen content of the room be
				  reduced to five percent or less within six days (144 hours) after the time the
				  room is opened; and
(v) that no
				  room shall be entered more than once during the required 60- or 90- day period
				  for the purpose of removing apples.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 188 - Lettuce Grades And Definitions Of Culls › Section 188.1 - Grades

Current through Register Vol. 46, No. 28, July 10, 2024
Additional statutory authority: Agriculture and Markets
					 Law, § 18
(a)
(1) Fancy consists of heads of lettuce of
				  similar varietal characteristics which are fresh and green, which are not soft,
				  overgrown, burst or ribby, which are free from decay, russet spotting and
				  doubles, and free from injury caused by tipburn, downy mildew, freezing and
				  discoloration, and from damage caused by opening, seedstems, broken midribs,
				  dirt, disease, insects, or mechanical or other means. Each head shall be fairly
				  well trimmed unless specified as closely trimmed. In any lot of Iceberg type
				  lettuce the percentages of firm and hard heads shall be specified separately in
				  connection with the grade.
(2)
				  Tolerances. In order to allow for variations incident to proper grading and
				  handling the following tolerances, by count, shall be permitted in any lot:
(i) At shipping point. Eight percent for
				  heads of lettuce which fail to meet the requirements of this grade: provided
				  that included in this amount not more than four percent shall be allowed for
				  defects causing serious damage, including in this latter amount not more than
				  one percent for heads which are affected by decay on any portion of the head
				  exclusive of the wrapper leaves.
(ii) En route or at destination. Twelve
				  percent for heads of lettuce which fail to meet the requirements of this grade:
				  provided, that included in this amount not more than the following percentages
				  shall be allowed for defects listed:
(a)
				  eight percent for heads having permanent defects; or
(b) six percent for heads which are seriously
				  damaged, including therein not more than four percent for heads which are
				  seriously damaged by permanent defects and not more than three percent for
				  heads which are affected by decay on any portion of the head exclusive of the
				  wrapper leaves. (See §
													188.2.)
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 188 - Lettuce Grades And Definitions Of Culls › Section 188.2 - Application of tolerances

Current through Register Vol. 46, No. 28, July 10, 2024
In order to meet the requirements of a specified grade the
					 average percentages of defective specimens in the lot, based on sample
					 inspection, shall be within the tolerance specified, and the number of
					 defective specimens in individual packages in the lot shall be within the
					 limitations set forth in the following table:
Maximum number of defective heads
								permitted in any package
Total number of heads in
								package
Lot tolerance,
								percent
24
18 or 20
30
Over 30
1
								..........................................................................................................
1
1
2
2
3
								..........................................................................................................
3
2
3
4
4
								..........................................................................................................
3
3
4
4
5
								..........................................................................................................
3
3
4
5
6
								..........................................................................................................
4
3
5
6
8
								...........................................................................................................
5
4
6
7
12
								.........................................................................................................
6
5
7
9
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter C - Apples and Lettuce › Part 188 - Lettuce Grades And Definitions Of Culls › Section 188.3 - Standard pack

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Heads of lettuce shall be fairly uniform in size, and fairly tightly to tightly
				  packed, but not excessively tightly packed, in uniform layers in the container
				  according to the approved and recognized methods; except that in standard
				  fiberboard containers, a "bridge" of six heads may be placed between the layers
				  in a 2 1/2-dozen pack.
(1)
(i) Fairly uniform in size means that not
				  more than 10 percent, by count, of heads in any container may vary appreciably
				  in size from the standard size head for the count pack.
(ii) The standard size head for a two-dozen
				  pack is that size head, having four wrapper leaves, which will pack tightly,
				  but not excessively tightly, three rows with four heads of uniform size in each
				  row in a layer in a standard fiberboard container. Heads having lesser or
				  greater numbers of wrapper leaves which can be packed as specified herein are
				  considered equivalent in size to a standard size head with four wrapper
				  leaves.