Sec. 162.17. Grape standards

(a) General.

New York State Seal of Quality grapes shall be bunches of grapes of one variety (except when designated as assorted varieties) which are mature and well colored. The berries are firm, firmly attached to capstems, and are not split, shattered, crushed, dried or wet, and are free from decay, mold, mildew, berry moth, russeting and hail, and free from damage caused by freezing, disease, insects or other means.

(b) Definitions.

(1) Mature means that the grapes are juicy, palatable and have reached that stage of development at which the skin or the berry easily separates from the pulp. Frozen or slightly frosted stock is not to be confused with mature stock.

(2) Firm means that the berry is reasonably turgid and does not yield more than slightly to moderate pressure.

(3) Well colored means that the berries show full color characteristics of the variety.

(4) Shattered means that the berry is separated from the bunch and may or may not have the capstem attached.

(5) Compact means that the bunches are well filled and have no open spaces.

(6) Fairly compact means that the bunches are well filled but that the berries are not closely spaced as in compact bunches.

(7) Damage means any specific defect described in this section; or an equally objectionable variation of this defect, any other defect, or any combination of defects which materially detracts from the appearance or the edible or shipping quality or the individual berry or the bunch as a whole. The following specific defects shall be considered as damage:

(i) Mildew. When detracting from the appearance of the individual berry or the bunch as a whole. Berries on the inside of the bunch which show only slight traces of mildew are not considered damaged.

(ii) Spray residue. When the residue is heavy enough to more than slightly detract from the appearance of the bunch.

(8) Serious damage means any defect or combination of defects, which seriously detracts from the appearance or edible or shipping quality of the individual berry or the bunch as a whole. The following specific defect shall be considered as serious damage:

(i) Spray residue. When the residue is heavy enough to more than moderately detract from the appearance of the bunch.

(9) Desirable market appearance means that individual berries or bunches are generally free from readily visible defects or imperfections which more than slightly detract from the appearance of the grapes.

(c) Size.

(1) Not less than 90 percent, by count, or the berries, exclusive of dried berries, on each bunch shall have a minimum diameter of 9/16 of an inch, unless otherwise specified.

(2) At least 50 percent of the bunches in the containers are compact. They are not excessively small, except that compact portions of bunches consisting of not less than 10 berries may be used to fill open spaces between whole bunches.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances by weight are permitted:

(1) five percent for bunches in any lot which are straggly;

(2) ten percent for bunches in any lot which fail to meet the requirements for minimum diameter of berries; and

(3) ten percent for bunches and berries in any lot which fail to meet the remaining requirements of this grade, including therein not more than ½ this amount, or five percent, for berries which are seriously damaged: provided, that included in this latter amount not more than one percent may be permitted for berries affected by mold or decay, and not more than one percent for dried berries, and not more than ½ of one percent for berries affected by berry moth.

(e) Application of tolerances.

The contents of individual packages in the lot based on sample inspection, are subject to the following limitations, provided that the averages for the entire lot are within the tolerances specified for the grade.

(1) Individual packages which contain more than five pounds shall contain not more than 1 ½ times a tolerance of 10 percent or more and not more than double a specified tolerance of less than 10 percent.

(2) Individual packages which contain five pounds or less shall contain not more than three times the specified tolerance.

(f) Packing.

Grapes shall be packed in new one, two, four or eight quart containers, or any other new standard containers subject to the approval of the Department of Agriculture and Markets, which are properly marked to include: variety or varieties (when packed as mixed varieties), name and address of grower, packer or shipper and volume. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings.

In addition to the marking requirements mentioned above, grapes packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.