Sec. 162.30. Salad green standards (other than Iceberg lettuce)

(a) General.

New York State Seal of Quality salad greens shall be plants of similar varietal characteristics which are fresh, well developed, well trimmed (except for hydroponically grown product), and which are free from decay, and free from damage caused by seedstems, broken, bruised or discolored leaves, tipburn, wilting, foreign material, freezing, dirt, disease, insects, mechanical or other means.

(b) Definitions.

(1) Similar varietal characteristics means that the plants in any container are of the same general type.

(2) Fresh means that the plant has normal succulence.

(3) Fairly uniform means that plants within individual containers do not vary more than four inches in length.

(4) Well developed means that the plant shows normal growth and shape.

(5) Well trimmed means that the stem is trimmed off close to the point of attachment of the outer leaves.

(6) Damage means the specific defect described in this section; any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or shipping quality of the plants.

(i) Seedstems when the length of the attached seedstem is more than ¼ the overall plant length or when any portion of the seedstem has been removed.

(7) Serious damage means any defect or any combination of defects, which seriously detracts from the appearance, or the edible or shipping quality of the plant.

(c) Size.

Romaine shall be fairly uniformly sized.

(d) Tolerances.

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

(1) For defects. Ten percent of the plants in any lot may fail to meet the requirements: provided, that not more than ½ of this amount, or five percent, shall be allowed for serious damage, including therein not more than one percent for decay.

(2) For size. Ten percent of the containers of Romaine, may fail to meet fairly uniform size requirement.

(e) Application of tolerances.

The contents of individual packages are subject to the following limitations: provided, that the averages for the entire lot are within the tolerances specified; a package shall have not more than 1 ½ times a specified tolerance of 10 percent and not more than double a specified tolerance of less than 10 percent, except that at least one defective plant may be permitted in any package.

(f) Packing.

Salad greens must be packed in new bushel or 1 /₉ bushel cartons or any other standard containers 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.

Each container of salad greens packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.