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 162 - Official State Brands Or Trademarks
Section 162.24 - Pear standards

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 162.24

Current through Register Vol. 46, No. 39, September 25, 2024

(a) General. New York State Seal of Quality pears shall be pears of one variety which are mature, but not further advanced than firm ripe, carefully hand-picked, clean, fairly well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, free from injury by hard end, and from damage caused by bruises, broken skins, russeting, limbrubs, hail, scars, cork spot, drought spot, sunburn, sprayburn, stings or other insect injury, disease, or mechanical or other means.

(b) Definitions.

(1) Size means the greatest transverse diameter of the pear taken at right angles to a line running from the stem to the blossom end.

(2) Mature means that the pear has reached the stage of maturity which will insure the proper completion of the ripening process.
(i) Before a mature pear becomes over-ripe it will show varying degrees of firmness depending upon the stage of the ripening process. Therefore, a statement of firmness should be given in order to indicate the stage of the ripening process. A description of the ground color should also be given.

(ii) The following terms should be used for describing the ground color: green, light green, yellowish green, and yellow.

(iii) The following terms should be used for describing the firmness of pears.
(a) Hard means that the flesh of the pear is solid and does not yield appreciably even to considerable pressure.

(b) Firm means that the flesh of the pear is fairly solid but yields somewhat to moderate pressure.

(c) Firm-ripe means that the flesh of the pear yields readily to moderate pressure.

(d) Ripe means that the pear is at the stage where it is in its most desirable condition for eating.

(3) Over-ripe means dead ripe, very mealy or soft, past commercial utility.

(4) Carefully hand-picked means that the pears do not show evidence of rough handling or of having been on the ground.

(5) Fairly uniform means not more than five percent of the pears in the container, vary more than 3/4 inch in diameter.

(6) Clean means free from excessive dirt, dust, spray residue or other foreign material.

(7) Well formed means having the shape characteristic of the variety. Slight irregularities of shape from type which do not appreciably detract from the general appearance of the fruit shall be considered well formed.

(8) Black end means an abnormally deep green color around the calyx, or black spots usually occurring on the one-third of the surface nearest to the calyx, or by an abnormally shallow calyx cavity.

(9) Fairly well formed means that the pear may be slightly abnormal in shape but not to an extent which detracts materially from the appearance of the fruit. Winter Nelis pears with characteristic slight sutures or with slight flattening on one side and/or other slight irregularities which do not materially detract from the general appearance of the pear shall be considered fairly well formed.

(10) Injury by hard end means when causing more than a slight protrusion at the blossom end.

(11) Damage means any injury or defect which materially affects the appearance or the edible or shipping quality.
(i) Hard end shall be considered as damage if the pear shows an abnormally yellow color at the blossom end, or an abnormally smooth rounded base with little or no depression at the calyx, of if the flesh near the calyx is abnormally dry and tough or woody.

(ii) Slight handling bruises and package bruises such as are incident to good commercial handling in the preparation of a tight pack shall not be considered damage.

(iii) Any pear with one skin break larger than 3/16 inch in diameter or depth, or with more than one skin break one-eighth inch or larger in diameter or depth shall be considered damaged, and scored against the grade tolerance.
(a) Small inconspicuous skin breaks, less than 1/8 inch in diameter or depth, shall not be considered damage. In addition, not more than 10 percent of the pears in any container may have not more than one skin break from 1/8 inch to 3/16 inch, inclusive, in diameter or depth.

(iv) Russeting which exceeds the following shall be considered as damage:
(a) On all varieties excessively rough russeting (russeting which shows "frogging" or slight cracking) when the aggregate area exceeds1/2 inch in diameter.

(b) On bartlett and other smooth-skinned varieties, slightly rough russeting, or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds 3/4 inch in diameter.

(c) On bartlett and other smooth-skinned varieties, smooth solid or smooth netlike russeting when aggregate area exceeds 15 percent of the surface, except that, in addition, on smooth-skinned varieties, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than 1/2 inch along the contour of the pear, when it is placed calyx end down on a flat surface.

(d) On bosc, rough or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds 3/4 inch in diameter. Any amount of characteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet.

(v) Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:
(a) Any limbrubs which are cracked, softened, or more than slightly depressed.

(b) Black discoloration caused by limbrubs which exceeds an aggregate area of 3/8 inch in diameter.

(c) Dark brown discoloration or excessive roughness caused by limbrubs which exceeds an aggregate area of 1/2 inch in diameter.

(d) Slightly rough, light colored discoloration caused by limbrubs which exceeds an aggregate area of 3/4 inch in diameter.

(e) Smooth, light colored discoloration caused by limbrubs which exceeds an aggregate area of one inch in diameter.

(f) Hail marks or other similar depressions or scars which are not shallow or superficial, or where the injury affects an aggregate area of more than 3/8 inch in diameter.

(g) Cork spot when more than one in number is visible externally or when the flesh is materially affected.

(h) Drought spot when more than one in number, or when the external injury exceeds an aggregate area of 3/8 inch in diameter or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration.

(i) Sunburn or sprayburn where the skin is blistered, cracked or shows any light tan or brownish color or the shape of the pear is appreciably flattened, or the flesh appreciably softened or changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting.

(j) Insects.
(1) More than two healed codling moth stings, or any insect sting which is over 3/32 of an inch in diameter, or other insect stings affecting the appearance to an equal extent.

(2) Blister mite or canker worm injury is not shallow or superficial, or where the injury affects an aggregate area of more than 3/8 inch in diameter.

(k) Disease.
(1) Scab spots which are black and which cover an aggregate area of more than 1/4 inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting.

(2) Sooty blotch which is thinly scattered over more than five percent of the surface, or dark heavily concentrated spots which affect an area of more than 3/8 inch in diameter.

(12) Seriously misshapen means that the pear is excessively flattened or elongated for the variety, or is constricted or deformed so it will not cut three fairly uniform good quarters, or is so badly misshapen that the appearance is seriously affected.

(13) Serious damage means any injury or defect which seriously affects the appearance, or the edible or shipping quality.
(i) Russeting which in the aggregate exceeds the following shall be considered as serious damage.
(a) On all varieties, excessively rough russeting (russeting which shows "frogging" or slight cracking) when aggregate area exceeds 3/4 inch in diameter.

(b) On all varieties, thick russeting such as is characteristic of frost injury 15 percent of the surface.

(c) On bartlett and other smooth-skin varieties, smooth solid or smooth netlike russeting when the aggregate area exceeds 2/3 of the surface, except that, in addition, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than 1/2 inch along the contour of the pear, when it is placed calyx end down on a flat surface.

(ii) Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defects, shall be considered as serious damage.
(a) Limbrubs which are more than slightly cracked, or excessively rough limbrubs or dark brown or black discoloration caused by limbrubs which exceeds an aggregate area of 3/4 inch in diameter.

(b) Other limbrubs which affect an aggregate area of more than 1/10 of the surface.

(c) Hail marks or other similar depressions or scars which affect an aggregate area of more than 3/4 inch in diameter, or which materially deform or disfigure the fruit.

(d) Cork spot when more than two in number are visible externally or when the flesh is seriously affected.

(e) Drought spot when more than two in number, or where the external injury affects an aggregate area of more than 3/4 inch in diameter, or when the appearance of the flesh is seriously affected by corky tissue or brownish discoloration.

(f) Sunburn or sprayburn where the skin is blistered, cracked or shows any brownish color, or where the shape of the pear is materially flattened, or the flesh is softened or materially changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting.

(g) Insects.
(1) Worm holes. More than three healed coding moth stings, of which not more than two may be over 3/32 seconds of an inch in diameter, or other insect stings affecting the appearance to an equal extent.

(2) Blister mite or canker worm injury which affects an aggregate area of more than 3/4 inch in diameter or when materially deforms or disfigures the fruit.

(h) Disease.
(1) Scab spots which are black, and which cover an aggregate area of more than1/2 inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting.

(2) Sooty blotch which is thinly scattered over more than 15 percent of the surface, or dark heavily concentrated spots which affect an area of more than3/4 inch in diameter.

(c) Size. Except for the seckel variety the minimum size shall be not less than 2 1/4 inches. Individual containers must also be fairly uniform.

(d) Tolerances.

(1) For defects. In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent of the pears, by count, in any lot may fail to meet the requirements: provided, that not more than five percent shall be seriously damaged and not more than one percent shall be allowed for decay or internal breakdown.

(2) For size. In order to allow for variations incident to proper sizing, not more than five percent of the pears in any lot may fail to meet minimum size requirements; and 20 percent for containers failing to meet fairly uniform size requirement.

(3) An additional tolerance of five percent for pears further advanced in maturity than firm ripe.

(e) Application of tolerances. The contents of individual packages in the lot based on sample inspection, are subject to the following limitations, provided the averages for the entire lot are within the tolerances specified.

(1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than 1 1/2 times the tolerance specified. For packages which contain more than 10 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified except that at least one pear which is seriously damaged or affected by decay or internal breakdown may be permitted in any package.

(2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the percentage of defects or off-size: provided, that not more than four times the tolerance specified may be permitted in any package for pears which are seriously damaged by insects or affected by decay or internal breakdown except that at least one defective pear may be permitted in any package.

(f) Standard packing.

(1) Each package shall be packed so that the pears in the shown face shall be reasonably representative in the size and quality of the contents of the package.

(2) Pears packed in any container shall be tightly packed. All packages shall be well filled but the contents shall not show excessive or unnecessary bruising because of over-filled packages.

(3) Pears packed in boxes shall be arranged in containers according to the approved and recognized methods with the pears packed lengthwise. A bridge shall not be allowed in any standard pack. When wrapped, each pear shall be fairly well enclosed by its individual wrapper.

(g) Packing. Must be packed in new cartons approximating one bushel capacity, eight-quart baskets, 1/2 bushel and bushel baskets with covers or other new standard packaging subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(h) Markings. Each package or display of pears shall be plainly labeled with the official Seal of Quality designation.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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