SubTitle22-33-1_22-33-3. Grading and Marketing of Farm Products  


Sec. 22-33-1. Grades and conditions
Latest version.

All agricultural farm products, including fresh fruits and vegetables, horticultural products, maple syrup and honey shall meet any marked or designated U.S. grades as pertaining to that particular lot. Any lots which contain grade and/or condition defects in excess of the applicable U.S.D.A. registered percentages and tolerances shall be subject to removal from public sale.

(Effective September 4, 1986)

Sec. 22-33-2. Labeling requirements
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All packages for agricultural farm products, including fresh fruits and vegetables, horticultural products, maple syrup and honey shall contain the following information:

(a) Name and address of manufacturer, packer or distributor.

(b) Commodity name.

(c) Quantity—net quantity of contents will be in terms of weight, measure or numerical count. Unless a statement of numerical count gives accurate information as to the quantity of food in a package, it will be supplemented by a statement of weight, measure, or size of the individual units.

(d) Markings—print must be prominent, definite, plain and in English. Size of letters and numbers in the quantity declaration must comply with the requirements of the Federal Fair Packaging and Labeling Act.

(e) Bulk Displays—grade, variety or type identified when applicable. Where price per pound is quoted on display, grade and variety must be also posted. On unknown variety, it must be marked "unknown."

(Effective September 4, 1986)

Sec. 22-33-3. Packaging requirements
Latest version.

(a) Used Containers—when agricultural farm products, including fresh fruits and vegetables, horticultural products, maple syrup and honey are packed in used containers and sold or offered for sale or transported for sale, any markings pertaining to the original contents shall be obliterated and such container shall be conspicuously marked or labeled with proper labeling requirements.

(b) Container Coloring—any agricultural farm products, including fresh fruits and vegetables, horticultural products, maple syrup and honey packaged for sale in a container which is misleading in form, fill or (enhancing, tinted or striped) color shall be deemed to be misbranded. (Examples: Carrots, potatoes, apples, celery, parsnips in color-enhancing packages). Any transparent or semi-transparent packaging used for fresh produce which is tinted over any of its surface with a color which enhances the appearance of the commodity inside is deemed to be misleading and in violation of this regulation if it is not entirely clear or colorless over at least 50% of the surface area. This clear area must be unobstructed and undivided by any color, tint or printed matter.

(c) Additives—any agricultural farm products, including fresh fruis and vegetables, horticultural products, maple syrup and honey packaged for sale which has had artificial coloring or permitted chemical applied after harvest, shall be deemed to be misbranded, unless it bears labeling stating that fact.

(Effective September 4, 1986)