Sec. 162.33. Strawberry standards

(a) General.

New York State Seal of Quality strawberries shall be one variety or similar varietal characteristics with calyx attached, which are firm, not over-ripe or undeveloped, clean, well colored, free from mold or decay, and free from damage by moisture, foreign matter, insects, disease, mechanical or other means.

(b) Definitions.

(1) Clean means berries show practically no dirt.

(2) Well colored means each strawberry has not less than 90 percent of its surface showing a pink or red color.

(3) Undeveloped means strawberries have not attained a normal shape and development due to injury by any means including lack of pollination. Buttons are not permitted and if flat and hard are scored as serious damage.

(4) Damage means any defect or any combination of defects which materially detracts from the appearance, edible or shipping quality of the berries.

(5) Serious damage means any defect or an equally objectionable variation of any defect or any combination of defects, which seriously detracts from the appearance, edible, or shipping quality of the berries. Berries which are soft, badly deformed, badly bruised, decayed, leaky, caked with dirt or berries with less than ½ of its surface showing pink or red color shall be considered seriously damaged.

(6) Diameter means the greatest diameter measured at right angles to a straight line running from stem to apex.

(c) Size.

Minimum diameter of each berry shall be not less than one inch.

(d) Tolerances.

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

(1) For defects. Not more than eight percent for strawberries in any lot which fail to meet the requirements of this specification, but not more than ½ of this tolerance, or four percent, shall be allowed for defects causing serious damage, including therein, not more than ¼ of this amount, or one percent for strawberries affected by decay.

(2) For off-size. Not more than five percent for strawberries in any lot which are below the minimum size.

(e) Application of tolerances.

The contents of individual containers in the lot, based on sample inspection, are subject to the following limitations:

(1) Individual containers shall have not more than double any tolerance, except that at least one defective and one off-size specimen may be permitted in any container, and provided further that not more than /₁₀ of the containers may exceed double any tolerance and, provided further that the averages for the entire lot are within the tolerances specified.

(f) Packing.

Strawberries must be packed in new 12-one quart flats or 8-one quart flats or other new standard packaging 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.

Strawberries packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.