Sec. 162.2. Apple standards

(a) General.

New York State Seal of Quality apples shall be equivalent to or better than the U.S. Fancy Grade.

(b) Definitions.

(1) Fairly uniform—not more than ¼ inch variation in diameter from smallest to largest apples within any package.

(2) Reasonably uniform—not more than ½ inch variation in diameter from smallest to largest apples within any package. In addition, smallest to largest apples for the lot may not vary more than ¾ inches in diameter.

(c) Size.

(1) Apples tray or cell packed shall be fairly uniform.

(2) Apples jumble packed or packed in three pound film bags, shall have a minimum diameter of not less than 2 ½ inches and shall be reasonably uniform.

(d) Tolerances.

In order to allow for variations, incident to proper sizing, not more than 10 percent by count, of packages in any lot may fail to meet these requirements.

(e) Maturity.

Not more than five percent of the apples in any lot may be further advanced in maturity than firm ripe.

(f) Packing.

In addition to packing requirements as set forth in 1 NYCRR Part 185 (Standards for Grades of Apples), apples jumble packed or packed in film bags shall be restricted to the following varieties: Red Delicious, Red Rome, Empire, or Ida Red. All packages are 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.

(g) Markings.

In addition to the marking requirements as set forth in 1 NYCRR Part 185 (Standards for Grades of Apples), apples packaged and offered for sale under the Seal of Quality program must have affixed the official seal designation.