Sec. 162.15. Cucumber standards

(a) General.

New York State Seal of Quality cucumbers shall be cucumbers which are well formed, well colored, not overgrown and which are fresh, firm, clean and free from decay, sunscald, and unhealed fresh cuts and from injury caused by scars and from damage caused by yellowing, sunburn, foreign material, freezing, mosaic or other disease, insects, healed cuts, bruises, mechanical or other means.

(b) Definitions.

(1) Well colored means not less than 3/4 of the surface of the cucumber is of a medium green or darker color and that at least a light green color extends to the blossom end on one side of the cucumber.

(2) Well formed means the cucumber is practically straight and not more than very slightly tapered or pointed.

(3) Injury by scars means scars which aggregate more than the area of a circle 3/8 inch in diameter on a cucumber seven inches in length or correspondingly greater areas of scars on larger cucumbers.

(4) Damage, unless otherwise specifically defined in this section, means any defect or combination of defects which materially affects the appearance, or the edible or shipping quality of the cucumber.

(5) Serious damage, unless otherwise specifically defined in this section, means any defect or combination of defects which seriously affects the appearance or the edible or shipping quality of the cucumber.

(6) Damage by bruises means when materially affecting the appearance or when affecting an aggregate area greater than that of a circle 2 ¼ inches in diameter. Serious damage by bruising which seriously affects the appearance or affecting more than ⅓ of the surface of the cucumber.

(7) Serious damage by scars means when aggregating more than the area of a one inch circle on a cucumber seven inches in length or corresponding more on cucumbers longer in length.

(8) Badly deformed means the cucumber is so badly curved, constricted, tapered, or otherwise so badly misshapen that the appearance is seriously affected.

(9) Fresh means the cucumbers have a bright attractive luster. They cannot be wilted, limp, shriveled or yellow.

(10) Clean means the cucumbers are practically free from dirt or staining.

(11) Firm means the cucumbers are plump, feel firm to moderate under pressure, are not shriveled noticeably at the ends and are fresh and meaty.

(12) Damage by shriveled ends means cucumbers which show a puckering of the skin at one or both ends indicate that the flesh is tough and rubbery and likely to have a bitter taste.

(13) Damage by pulled ends means when injury is healed and dry and causing more than ⅜ inch in the aggregate and over ⅛ inch in depth. Serious damage by pulled ends, when unhealed or causing more than ⅝ inch in the aggregate and over ¼ inch in depth.

(c) Size.

The maximum diameter or each cucumber shall be not more than 2 3/8 inches and the length of each cucumber shall be not less than six inches and not more than 10 inches in length, not more than two inches variation in length.

(d) Tolerances.

In order to allow for variation incident to proper grading and handling the following tolerances by count are provided:

(1) For defects. Ten percent for cucumbers in any lot which fail to meet the requirements of the grade, included therein not more than five percent for cucumbers which are seriously damaged by any means and including therein not more than one percent for decay.

(2) For off-size. Ten percent for cucumbers in any lot which fail to meet the length requirements including therein not more than five percent for under minimum length, five percent for cucumbers which fail to meet the requirements for maximum diameter.

(e) Application of tolerances.

The contents of individual packages in the lot are subject to the following limitations: provided that the averages for the entire lot are within the tolerances specified for the grade. For a tolerance of 10 percent or more individual packages in any lot shall have not more than 1 ½ times the tolerance specified, except when the package contains 15 specimens or less, individual packages shall have not more than double the tolerance specified and 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.

(f) Packing.

Cucumbers must be packed in new bushel or 1 /₉ bushel cartons or new bushel baskets with covers or any other new standard container 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.

Packaging shall be properly marked with name and address of grower, packer or shipper and net weight, volume or count, product name, and labeled with the official seal designation.