Sec.22-33-3. Packaging requirements

(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)