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 162.27 - Fresh plum and prune standards

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 162.27

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

(a) General. New York State Seal of Quality fresh plums and prunes shall be plums and prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay, sunscald, heat injury, sunburn, split pits and hail marks, and free from damage caused by broken skins, growth cracks, drought spots, gum spots, russeting, scars, other disease, insects or mechanical or other means.

(b) Definitions.

(1) Well formed means that the fruit has the shape characteristic of the variety. Doubles shall not be considered well formed.

(2) Clean means that the fruit is practically free from dirt and other foreign material.

(3) Mature means that the fruit has reached the stage of maturity which will insure a proper completion of the ripening process.

(4) Sunscald means injury caused by the sun in which softening or collapse of the flesh is apparent.

(5) Damage means any specific defect defined in this section or an equally objectionable variation of any one of these defects, any other defect or any combination of defects, which materially detracts from the appearance or the edible or marketing quality of the fruit. The following specific defects shall be considered as damaged:
(i) Broken skins which are unhealed except those caused by pulled stems where the skin is torn only slightly within the stem cavity. (Healed skin breaks shall be considered scars).

(ii) Heat injury, sprayburn or sunburn:
(a) when the skin is blistered, cracked or decidedly flattened;

(b) when the normal color of the skin or flesh has materially changed;

(c) when there is more than one indentation; and

(d) when an indentation exceeds 3/16 inch in diameter.

(iii) Growth cracks:
(a) when not healed;

(b) when more than one in number;

(c) when more than 1/8 inch in depth;

(d) when more than 3/8 inch in length if within the stem cavity; and

(e) when more than 1/4 inch in length if outside of the stem cavity;

(iv) Split pit when causing any unhealed crack or when healed and aggregating more than 1/4 inch in length or when affecting the shape to the extent that the fruit is not well formed.

(v) Scab or bacterial spot when cracked or when the aggregate area exceeds that of a circle 1/4 inch in diameter on a fruit two inches in diameter or 4 x 4 size, or smaller or when the aggregate area exceeds that of a circle 3/8 inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(vi) Drought spots or external gum spots which have an aggregate area exceeding that of a circle 1/4 inch in diameter.

(vii) Scale or scale marks when the aggregate area exceeds that of a circle 1/4inch in diameter.

(viii) Scars, including those caused by hail, when the surface of the fruit is depressed more than 1/16 inch, or when exceeding any of the following aggregate areas, or a combination of two or more types of scars the seriousness of which exceeds the maximum allowed for any one type.
(a) Dark or rough scars when the area exceeds that of a circle 1/4 inch in diameter on a fruit two inches in diameter or 4 x 4 size or smaller or when the area exceeds that of a circle 3/8 inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(b) Fairly light colored, fairly smooth scars when, in the case of Italian type prunes, the area exceeds that of a circle 1/2 inch in diameter or when, in the case of other types of plums, the area exceeds that of a circle 1/2inch in diameter on a fruit two inches in diameter or 4 x 4 size or smaller or when the area exceeds that of a circle 5/8 inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(c) Light colored, smooth scars when, in the case of Italian type prunes, the area exceeds 1/12 of the fruit surface or when, in the case of other types of plums, the area exceeds that of a circle 3/4 inch in diameter on a fruit two inches in diameter or 4 x 4 size or smaller, or when the area exceeds that of a circle 7/8 inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(d) Twig or limb scratches which are not well healed or which have an aggregate length of more than 1/2 inch.

(ix) Russeting which exceeds any of the following aggregate areas of any one type of russeting, or a combination of two or more types of russeting the seriousness of which exceeds the maximum allowed for any one type.
(a) Rough russeting when the area exceeds that of a circle 1/4 inch in diameter on a fruit two inches in diameter or 4 x 4 size, or smaller or when the area exceeds that of a circle 1/2 inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(b) Slightly rough russeting when, in the case of Italian type prunes, the area exceeds 1/12 of the fruit surface or when, in the case of other types of plums, the area exceeds that of a circle 5/8 inch in diameter on a fruit two inches in diameter or 4 x 4 size or smaller or when the area exceeds that of a circle 3/4 inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(c) Fairly smooth or smooth russeting when, in the case of Italian type prunes, the area exceeds 1/12 of the fruit surface or when, in the case of other types of plums the area exceeds that of a circle 3/4 inch in diameter on a fruit two inches in diameter or 4 x 4 size or smaller or when the area exceeds that of a circle one inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(6) Well colored, as applied to Italian type prunes, means that 95 percent of the surface of the prune is purpose color.

(7) Fairly well colored, as applied to Italian type prunes, means that at least 3/4 of the surface of the prune is purpose color.

(8) Badly misshapen means that the fruit is so malformed or rough that its appearance is seriously affected. Doubles shall be considered badly misshapen, except that doubles of Italian type prunes which have approximately equal halves shall not be considered badly misshapen.

(9) Serious damage means any specific defect defined in this section or an equally objectionable variation of any one of these defects, any other defect or any combination of defects which seriously detracts from the appearance or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage:
(i) Broken skins which are unhealed when aggregating more than 1/8 inch in diameter, length or depth. (Healed skin breaks shall be considered scars).

(ii) Heat injury, sprayburn or sunburn:
(a) when the skin is blistered, cracked or decidedly flattened;

(b) when causing any dark discoloration of the flesh;

(c) when there are more than two indentations;

(d) when the aggregate area of indentations exceeds that of a circle 3/8 inch in diameter; and

(e) when causing noticeable brownish or darker discoloration over more than1/4 of the fruit surface;

(iii) Growth cracks:
(a) when not healed and more than 1/8 inch in length or depth;

(b) when healed and more than 3/16 inch in depth;

(c) when healed and aggregating more than 5/8 inch in length if within the stem cavity; and

(d) when healed and aggregating more than 1/2 inch in length if outside of the stem cavity.

(iv) Split pit when causing any unhealed crack or when healed and aggregating more than 3/8 inch in length or when affecting the shape to the extent that the fruit is badly misshapened.

(v) Scab or bacterial spot, when the aggregate area exceeds that of a circle1/2 inch in diameter on a fruit two inches in diameter or 4 x 4 size or smaller or when the aggregate area exceeds that of a circle 3/4 inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(vi) Drought spots or external gum spots which have an aggregate area exceeding that of a circle 1/2 inch in diameter.

(vii) Scale or scale marks when the aggregate area exceeds that of a circle 3/8inch in diameter.

(viii) Russeting and scars, including those caused by hail, when the surface of the fruit is depressed more than 3/16 inch, or when exceeding any of the following aggregate areas, or a combination of two or more types of russeting or scars the seriousness of which exceeds the maximum allowed for any one type:
(a) Dark or rough scars or rough russeting when the area exceeds that of a circle 3/4 inch in diameter on a fruit two inches in diameter or 4 x 4 size or smaller or when the area exceeds that of a circle one inch in diameter on a fruit larger than two inches in diameter or 4 x 4 size.

(b) Russeting and scars which are not dark or rough when the area exceeds 1/4of the fruit surface.

(ix) Soft or overripe or shriveled plums or prunes.

(x) Plums or prunes affected by decay.

(xi) Plums or prunes affected by sunscald.

(10) Diameter means the greatest dimension measured at right angles to a line from the stem to blossom end of the fruit.

(c) Size. Italian type prunes shall be fairly well colored and, unless otherwise specified, shall be not less than 1 1/4 inches in diameter.

(d) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by count, shall be permitted:

(1) For defects of plums or prunes other than Italian type prunes at shipping point. Six percent for fruit which fails to meet the requirements of the specified 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 1/2 of one percent for fruit which is affected by decay.

(2) For defects of plums or prunes other than Italian type prunes en route or at destination. Twelve percent for fruit which fails to meet the requirements of the specified grade: provided, that included in this amount not more than the following percentages shall be allowed for defects listed:
(i) six percent for permanent defects;

(ii) six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for decay.

(3) For defects of Italian type prunes at shipping point. Not more than a total of 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: provided, that included in this amount not more than the following percentages shall be allowed for the defects listed:
(i) eight percent for prunes which fail to meet the color requirement;

(ii) eight percent for prunes which fail to meet the minimum diameter requirement;

(iii) eight percent for prunes which fail to meet the remaining requirements of the grade; provided, that not more than 1/2 of this amount, or four percent, shall be allowed for defects causing serious damage, including in the latter amount not more than 1/2 of one percent for decay.

(4) For defects of Italian type prunes en route or at destination. Not more than a total of 15 percent of the fruit in any lot may fail to meet the requirements of the specified grade: provided, that included in this amount not more than the following percentages shall be allowed for defects listed:
(i) ten percent for permanent defects including therein not more than eight percent which fail to meet the color requirement, eight percent which fail to meet the minimum diameter requirement, and eight percent which fail to meet the requirements of the grade because of other permanent defects;

(ii) six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for decay.

(e) Application of tolerances. The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations:

(1) Packages may contain not more than double any specified tolerance except that at least two defective and two off-size specimens may be permitted in any package: provided, that the averages for the entire lot are within the tolerances specified for the grade.

(f) Packing. Fresh plums or prunes must be packed in new cartons or other standard containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings. Each container of fresh plums or prunes packaged and offered for sale under the Seal of Quality program shall have affixed the official 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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