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 162.35 - Tomato standards

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 162.35

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

(a) General. New York State Seal of Quality tomatoes shall be of similar varietal characteristics, mature, not overripe or soft, clean, well-developed, well-formed, fairly smooth and free from decay, freezing injury, sunscald and damage by any other cause.

(b) Definitions.

(1) Similar varietal characteristics means that the tomatoes are alike as to firmness of flesh and shade or color (for example, soft-fleshed, early maturing varieties are not mixed with firm fleshed, mid season or late varieties, or bright red varieties mixed with varieties having a purplish tinge.)

(2) Mature means that the tomato has reached the stage of development which will insure a proper completion of the ripening process and that the contents of two or more seed cavities have developed a jelly like consistency and the seeds are well developed.

(3) Soft means that the tomato yields readily to slight pressure.

(4) Clean means that the tomato is practically free from dirt or other foreign material.

(5) Well-developed means that the tomatoes show normal growth. Tomatoes which are ridged and peaked at the stem end, contain dry tissue, and usually contain open spaces below the level of the stem scar are not considered well developed.

(6) Well-formed means that the tomato has the typical shape for the variety.

(7) Fairly smooth means that the tomato is not conspicuously ridged or rough.

(8) Damage:
(i) Growth cracks (radiating from or concentric to stem scar). When not well healed, more than 1/8 inch in depth, individual radial cracks more than 1/4inch in length, aggregate length of all radial cracks more than one inch measured from edge of stem scar.

(ii) Cuts and broken skins not shallow or not well healed, or shallow, well healed cut more than 1/2 inch (13 mm) in length, or other shallow, well healed skin breaks aggregating more than a circle 3/8 inch (10 mm) in diameter.

(iii) Puffiness -- open space in one or more locules materially detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end.

(iv) Catfaces -- scars are rough or deep, channels are very deep or wide, channels extend into a locule, or a fairly smooth catface aggregating more than a circle 1/2 inch (13 mm) in diameter.

(v) Scars (other than catfaces) -- no depth and aggregating more than a circle 3/8 inch (10 mm) in diameter.

(vi) Hail -- deep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks aggregating more than a circle 3/8 inch (10 mm) in diameter.

(vii) Insect injury -- materially detracts from the appearance or any insect is present in the fruit.

(9) Serious damage:
(i) Growth cracks (radiating from or concentric to stem scar). When not well healed, more than 1/8 inch in depth, individual radial cracks more than 1/2inch in length, aggregate length of all radial cracks more than one inch measured from the edge of the stem scar.

(ii) Cuts and broken skins not shallow or not well healed, or shallow, well healed cut more than 1/2 inch (13 mm) in length, or other shallow, well healed skin breaks aggregating more than a circle 1/2 inch (13 mm) in diameter.

(iii) Puffiness -- open space in one or more locules seriously detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end.

(iv) Catfaces -- scars are rough or deep, channels are very deep or wide, channels extend into a locule, or a fairly smooth catface aggregating more than a circle 3/4 inch (19 mm) in diameter.

(v) Scars (other than catfaces) -- no depth and aggregating more than a circle 5/8 inch (16 mm) in diameter.

(vi) Hail -- deep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks aggregating more than a circle 5/8 inch (16 mm) in diameter.

(vii) Insect injury -- seriously detracts from the appearance or any insect is present in the fruit.

(10) Very serious damage:
(i) Growth cracks (radiating from or concentric to stem scar). When not well healed, more than 3/16 inch in depth, more than 3/4 inch in length, aggregate length of all radial cracks more than 1 1/2 inch measured from the edge of the stem scar.

(ii) Cuts and broken skins fresh or healed and extending through the tomato wall.

(iii) Puffiness -- open space in two or more locules very seriously detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end.

(iv) Catfaces -- channels extend into the locule, wall has been weakened to the extent that slight pressure will cause a tomato to leak or a fairly smooth catface aggregating more than a circle one inch (25 mm) in diameter.

(v) Scars (other than catfaces) -- no depth and aggregating more than a circle one inch (25 mm) in diameter.

(vi) Hail -- fresh, very deep or fairly smooth, shallow hailmarks aggregating more than a circle one inch (25 mm) in diameter.

(vii) Insect injury -- very seriously detracts from the appearance or any insect is present in the fruit.

(c) Size.

Minimum - Maximum

Small 2 4/32 to 2 9/32

Medium 2 9/32 to 2 17/32

Large 2 17/32 to 2 28/32

Extra Large 2 28/32 to 3 15/32

(1) Minimum diameter shall be the largest diameter of the tomato measured at right angles to a line from the stem end to the blossom end.

(2) Maximum diameter shall be the smallest dimension of the tomato determined by passing the tomato through a round opening in any position.

(d) Color classification.

(1) The following terms may be used, when specified in connection with the grade statement, in describing the color as an indication of the stage of ripeness of any lot of mature tomatoes of a red fleshed variety:
(i) Green means that the surface of the tomato is completely green in color. The shade of green color may vary from light to dark.

(ii) Breakers means that there is a definite break in color from green to tannish-yellow, pink or red on not more than 10 percent of the surface.

(iii) Turning means that more than 10 percent but not more than 30 percent of the surface, in the aggregate, shows a definite change in color from green to tannish-yellow, pink, red or a combination thereof.

(iv) Pink means that more than 30 percent but not more than 60 percent of the surface, in the aggregate, shows pink or red color.

(v) Light red means that more than 60 percent of the surface, in the aggregate, shows pinkish-red or red; provided, that not more than 90 percent of the surface is red color.

(vi) Red means that more than 90 percent of the surface, in the aggregate, shows red color.

(2) Any lot of tomatoes which does not meet the requirements of any of the above color designations may be designated as "Mixed Color."

(3) Tomato color standards USDA Visual Aid TM-L-1 consists of a chart containing 12 color photographs illustrating the color classification requirements, as set forth in this section. This visual aid may be examined in the Fruit and Vegetable Division, AMS, U.S. Department of Agriculture, South Building, Washington, DC 20250; in any field office of the Fresh Fruit and Vegetable Inspection Service; or upon request of any authorized inspector of such service. Duplicates of this visual aid may be purchased from The John Henry Company, P.O. Box 17099, Lansing, Michigan 48901.

(e) Tolerances.

(1) For defects. Ten percent for tomatoes in any lot which fail to meet the requirements for this grade provided that not more than 1/2 this amount, or five percent shall be allowed for defects causing serious damage including therein not more than two percent for defects causing very serious damage and not more than one percent for tomatoes which are soft or affected by decay.

(2) For off-size. Ten percent for tomatoes which are smaller than the specified minimum diameter, or larger than the specified maximum diameter.

(3) For off-color. Ten percent for tomatoes in any lot which fail to meet the color specified, included therein not more than five percent for tomatoes which are green in color when any term other than green is specified.

(f) Application of tolerances.

(1) For packages which contain more than five pounds and a tolerance of 10 percent or more is provided, individual packages shall have not more than 11/2 times the tolerance specified, and for a tolerance of less than 10 percent, individual packages shall have not more than double the tolerance specified, except that at least one defective, and one off-size specimen may be allowed in any package: provided, that the averages for the entire lot are within the tolerances specified for the grade.

(2) For packages which contain five pounds or less individual packages shall have not more than four times the tolerance specified, except that at least one tomato which is soft or affected by decay and one off-size specimen may be permitted in any package: provided, that the averages for the entire lot are within the tolerances specified for the grade.

(g) Packing. Tomatoes shall be packed in new 20 or 25 pound cartons or film wrapped tubes in new master containers marked with the name and address of grower, packer or shipper, count or net weight, and size. (Size markings shall comply with the terminology as stated in these specifications. Numerical size designations such as 7 x 7, 6 x 7 or 5 x 6 shall not be permitted. The terminology and larger, affixed to any size designation also shall not be permitted.) Packages shall be subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain quality standards and integrity of the product.

(h) Markings. Tomatoes packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

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