Utah Administrative Code
Topic - Agriculture and Food
Title R68 - Plant Industry
Rule R68-4 - Standardization, Marketing, and Phytosanitary Inspection of Fresh Fruits, Vegetables, and Other Plant and Plant Products
Section R68-4-3 - Standards and Grades
Universal Citation: UT Admin Code R 68-4-3
Current through Bulletin 2024-06, March 15, 2024
(1) The standards and grades for fresh fruits and vegetables shall be in accordance with those stated in 7 CFR 51.
(2) Packaging and Labeling.
(a) Each lot of fresh
fruits and vegetables packed for sale, offered for sale, transported for sale,
or sold in Utah, shall be packaged in clean containers, either open or
closed.
(b) Each closed container
is to be of good substantial construction, good commercial type and marked to
comply with Section
4-5-201,
and are not to conflict with requirements of 21 USC 9, the U.S. Food, Drug, and
Cosmetic Act.
(c) The name and
address of the grower, packer, or shipper shall be plainly labeled on each
closed container of fresh fruits and vegetables offered for sale.
(i) Closed containers shall be plainly marked
on the outside with the name of the product and with terms of either net
weight, numerical count, or minimum diameter.
(ii) Minimum height of numbers and letters
for any labeling on packages of ten pounds or more shall be 3/8
inches.
(d) The labeling
requirements in Subsection
R68-4-2(2)(c)
shall not apply to fresh fruits and vegetables to be used for processing
purposes or for repackaging.
(e)
Bags of certified seed potatoes shall be officially sealed and tagged with the
seal and tag of the certifying agency at point of origin.
(3) Deceptive Pack.
(a) It is unlawful to offer for sale in Utah
a deceptive pack of fruits or vegetables or to mislabel any package of fruits
or vegetables packed for sale or offered for sale.
(b) A pack is considered deceptive if the
outer or exposed surface is composed of products whose size is not an accurate
representation of the variation of size of the products in the entire
container.
(4) Grade Designation.
(a) Each fresh fruit and
vegetable offered for sale in Utah in closed or open containers of any kind, or
on display tables, or shelves, where a federal or state grade is designated on
the container or on a sign accompanying produce on display, must conform to the
grade so designated. If a lot of fruit or vegetables does not meet the
requirements, sale of the lot shall be stopped until the lot is brought into
compliance.
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