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 162.36 - Hydroponic or greenhouse tomato standards

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 162.36

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

(a) General. New York State Seal of Quality hydroponic or greenhouse tomatoes shall be tomatoes of similar varietal characteristics, mature, but not overripe or soft, clean, fairly well formed; which are free from decay, sunscald, and freezing injury, and free from damage caused by bruises, cuts, shriveling, puffiness, catfaces, growth cracks, scars, disease, insects, or other means.

(b) Definitions.

(1) Similar varietal characteristics means that the tomatoes are alike as to character of color (bright red varieties shall not be mixed with varieties having a purplish tinge).

(2) Mature means that the contents of two or more seed cavities have developed a jellylike consistency and the seeds are well developed. External color shows at least a definite break from green to tannish-yellow, pink or red color on not less than 10 percent of the surface.

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

(4) Clean means that the individual tomato is practically free from dirt and other foreign matter.

(5) Fairly well formed means that the tomato is not more than slightly kidney-shaped, lopsided, elongated, angular, or otherwise slightly deformed.

(6) Reasonably well formed means that the tomato is not more than moderately kidney-shaped, lopsided, elongated, angular, or otherwise moderately deformed.

(7) Damage means any specific defect described 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 tomato. The following specific defects shall be considered as damage:
(i) Puffiness when the open space in one or more locules materially detracts from the appearance of the tomato when cut through the center at right angles to a line running from the stem to the blossom end.

(ii) Catfaces when scars are rough or deep, when channels are very deep or wide, when channels extend into a locule, or when affecting the appearance to a greater extent than the following:
(a) A small size tomato having a fairly smooth catface equivalent in area to a circle 3/8 inch diameter.

(b) A medium size tomato having a fairly smooth catface equivalent in area to a circle 1/2 inch in diameter.

(c) A large size tomato having a fairly smooth catface equivalent in area to a circle 3/4 inch in diameter.

(iii) Growth cracks (radiating from or concentric to the stem scar) when not well healed, when more than 1/8 inch in depth, or when affecting the appearance or marketing quality of the tomato to a greater extent than that of a tomato five ounces in weight having any individual radial crack 1/2 inch in length, or having more than a one inch aggregate length of all radial cracks measured from the edge of the stem scar.

(iv) Scars (other than catfaces) when the appearance of the tomato is affected to a greater extent than that of a tomato five ounces in weight having a scar with no depth which has an area equivalent to that of a circle 3/8 inch in diameter.

(v) Cuts, not well healed, not shallow, or which affect the appearance or marketing quality of the tomato to a greater extent than that of a tomato five ounces in weight having a cut 1/2 inch in length.

(8) Serious damage means any specific defect described 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 tomato. The following specific defects shall be considered as serious damage:
(i) Puffiness when the open space in one or more locules seriously detracts from the appearance of the tomato when cut through the center at right angles to a line running from the stem to the blossom end.

(ii) Catfaces when channels extend into the locule, when the wall has been weakened to the extent that slight pressure will cause the tomato to leak, or when the appearance of the tomato is affected to a greater extent than that of a tomato five ounces in weight having a fairly smooth catface with an area equivalent to that of a circle one inch in diameter.

(iii) Growth cracks (radiating from or concentric to the stem scar) when not well healed, when more than 1/8 inch in depth, or when affecting the appearance or marketing quality of the tomato to a greater extent than that of a tomato five ounces in weight having individual radial cracks 3/4 inch in length, or having more than a 1 1/2 inch aggregate length of all radial cracks, measured from the edge of the stem scar.

(iv) Scars (other than catfaces) when the appearance of the tomato is affected to a greater extent than that of a tomato five ounces in weight having a scar with no depth which has an area equivalent to that of a circle one inch in diameter.

(v) Cuts, not well healed, not shallow, or which affect the appearance or marketing quality of the tomato to a greater extent than that of a tomato five ounces in weight having a cut 1/2 inch in length.

(c) Size. The size of tomatoes may be specified in accordance with one of the following classifications or jumble packed.

(1) Small. Under 3 1/2 ounces.

(2) Medium. From 3 1/2 to 9 ounces.

(3) Large. Over 9 ounces.

(d) Standard pack. When packed to a size classification tomatoes shall be fairly uniform in size when packed in containers.

(1) Fairly uniform in size means that not more than 10 percent, by weight, of the tomatoes in any container may vary more than the following within the applicable size classification.
(i) Four ounces for medium, small to medium or medium to large.

(ii) Six ounces for large size.

(e) Tolerances. 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:

(1) For defects. Ten percent of the tomatoes in any lot may fail to meet the requirements of the grade, but not more than 1/2 of this amount, or five percent, shall be allowed for serious damage, including in this latter amount not more than 1/2 of one percent for tomatoes which are soft or affected by decay.

(2) For off-size. Fifteen percent of the tomatoes in any lot may vary from the specified size, including therein not more than five percent for tomatoes which fail to meet any specified minimum size.

(f) Application of tolerances. The contents of individual packages in the lot are subject to the following limitations:

(1) For a tolerance of 10 percent or more, individual packages shall have not more than 1 1/2 times the tolerance specified: provided, that when the package contains 15 specimens or less, any individual package shall have not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package; and provided further, that the averages for the entire lot are within the tolerances specified for the grade.

(2) For a tolerance of less than 10 percent, individual packages in any lot shall have not more than double the tolerance specified, except that at least one defective 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 must be packed in standard cartons. All packaging 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 the quality standards and integrity of the product.

(h) Markings. Each package or display of tomatoes shall be plainly labeled with the official Seal of Quality designation. If sized, size markings shall be marked on the container and comply with size classifications as stated in these standards.

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