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 162.5 - Bunched italian sprouting broccoli standards

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 162.5

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

(a) General. New York State Seal of Quality broccoli shall be bunched stalks of Italian sprouting broccoli. Each bunch shall be clean, fresh, have characteristic color, and be free from decay and free from damage caused by overmaturity, discoloration of bud clusters or leaves, freezing, disease, insects, mechanical or other means. The bud clusters in each bunch shall be compact or fairly compact. Each bunch shall be neatly and fairly evenly cut off at the base and closely trimmed.

(b) Definitions.

(1) 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 bunch. The following specific defects shall be considered as damage:
(i) Overmaturity. When the appearance of the bunch is slightly affected by the presence of open flower buds, or buds which are enlarged and on the verge of opening.

(ii) Discoloration of bud clusters. When the appearance of the bunch is materially affected by buds which have a noticeably yellowish, brownish or reddish cast in contrast to the desirable good green color. A bluish or purplish cast over the green is often characteristic of good broccoli and shall not be considered as damage.

(iii) Discoloration of leaves. When the appearance of the bunch is materially affected by discolored leaves or parts of leaves.

(iv) Hollow stems. If the opening extends more than three inches up in the stem or when the opening is more than slightly discolored or watersoaked on any stalk in the bunch.

(v) Blighted buds. When the aggregate affected area of dry, hard and yellowish brown bud clusters exceed a circle one inch in diameter.

(vi) Insects. When more than five live or dead insects are present. When more than one live or dead worm is present. When bunches show evidence of insect or worm feedings exceeding the aggregate area of a circle 5/8 inch in diameter.

(vii) Stem texture. When stems or stalks have a definite woody texture affecting a portion more than one inch in length above the lowest point of trim.

(2) Serious damage means any specific defect described in this section, or an equally objectionable variation of any one of these defects, which seriously detracts from the appearance of the edible or marketing quality of the bunch. The following specific defects shall be considered as serious damage.
(i) Discoloration of bud clusters when the buds have a decidedly yellowish, brownish or reddish cast which seriously detracts from the appearance of the bunch. A bluish or purplish cast over the green is often characteristic of good broccoli and shall not be considered as serious damage.

(ii) Discoloration of leaves when the appearance of the bunch is seriously affected by discolored leaves or parts of the leaves.

(iii) Blighted buds when the aggregate area of the dry, hard and yellowish to brown bud clusters exceeds a circle 1 1/2 inches in diameter.

(iv) Insects when more than 10 live or dead insects are present. When more than two live or dead worms are present. When bunches show evidence of insect or worm feedings exceeding the aggregate area of the circle 7/8 inch in diameter.

(v) Stem texture when stems or stalks have a definite woody texture affecting a portion more than three inches in length above the lowest point of trim.

(3) Diameter means the average measurement across the bud clusters at the top of the bunch.

(4) Length means the total length of the bunch measured from the base of the stem to the top of the bud clusters.

(5) Compact means that the individual buds in the bud cluster are generally small and tightly crowded together, and that the bud clusters on the stalk are generally close together and feel fairly firm and moderately resistant to pressure.

(6) Fairly compact means that the individual buds and bud clusters on the stalk are generally close together so that the top of the clusters do not have a ragged appearance or feel very soft.

(7) Closely trimmed means that not more than a total of five percent, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.

(8) Clean means bunches are practically free from dirt or other foreign matter.

(9) Fresh means broccoli has normal succulence, brightness and firmness.

(10) Characteristic color means stalks shall be green to dark green in color. It must be remembered that some varieties of broccoli often have a purplish to blue color of the bud clusters, this shall be considered characteristic.

(11) Stalk means a portion of the broccoli plant including the stem, bud clusters and leaves.

(12) Bunch means stalks bound together to form a unit. A single stalk may be considered a bunch if it is approximately as large as other bunches in the lot.

(13) Fairly uniform means the diameter of the bunches within the carton do not vary more than three inches. Broccoli is considered to be neatly and fairly evenly cut off at the base, if the butt is smoothly trimmed in a plane approximately parallel to the bottom of the container when standing upright and the butt is not stringy or frayed.

(c) Size.

(1) The diameter of each bunch shall be as follows: bunches packed 14 per carton, not less than six inches; bunches packed 18 per carton, not less than five inches.

(2) The length of each bunch shall be not less than six inches or more than 81/2 inches.

(3) Bunches within each carton shall be fairly uniform.

(d) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, determined by count, are provided as specified.

(1) For defects. Not more than 10 percent of the bunches in any lot may fail to meet the requirements of the specifications, but not more than 1/2 of this amount, or five percent, shall be allowed for bunches which are seriously damaged, including therein not more than one percent for bunches which are affected by decay.

(2) For size. Not more than 10 percent of the bunches in any lot may fail to meet the minimum size requirements of the specifications.

(3) For compactness. Seventy-five percent of the bunches in any lot must be compact, with the remainder fairly compact. Bunches not meeting the requirements of fairly compact shall be considered a defect and scored against the 10 percent tolerance for defects.

(4) Not more than five percent of the cartons in any lot shall fail to meet the requirements of fairly uniform.

(5) Not more than five percent of the cartons in any lot may fail to meet the packing requirements.

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

(1) For a tolerance of 10 percent or more, individual cartons in any lot may contain not more than 1 1/2 times the tolerance specified. Provided, that the average for the entire lot is within the tolerance specified.

(2) For a tolerance of less than 10 percent, individual cartons in any lot may contain not more than double the tolerances specified. Provided, that at least one bunch which does not meet the requirements shall be allowed in any one carton. Provided further, that the averages for the entire lot are within the tolerances specified.

(3) For compactness. Individual cartons shall contain at least 50 percent compact bunches with the remainder fairly compact (Application of tolerances as set forth in paragraph [1] of this subdivision shall apply to containers with bunches not meeting fairly compact).

(f) Packing. Waxed cartons shall have 14 or 18 bunches with a minimum of 10 pounds of pack ice. All cartons are subject to approval by the Department of Agriculture and Markets. Carton approval shall be based upon the ability of the carton to maintain the quality standards and integrity of the product.

(g) Markings. Containers of broccoli packaged and offered for sale under the Seal of Quality program shall have affixed the official seal 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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.