01-001 C.M.R. ch. 125, § II - OFFICIAL GRADING AND INSPECTION STANDARDS
A. Title 7 M.R.S.A. Subsection951 authorizes
and empowers the commissioner, "after holding public hearing, to establish and
promulgate official definitions and standards for grading, classifying, packing
and labeling potatoes and to change official standards from time to time. Such
official standards shall not be lower in their requirements than the minimum
requirements of the official standards for corresponding grades or
classifications as promulgated from time to time by the Secretary of
Agriculture of the United States, commonly known as U.S. Grades." The
commissioner hereby incorporates by reference as the basic standards for grades
of Maine potatoes the U.S. Standards for Grades of Potatoes of the U.S.D.A.,
Agricultural Marketing Service, as of March 27, 1991, attached
hereto.
B. Title 7 M.R.S.A.
Subsection951 also authorizes the commissioner after consultation with the
Maine Potato Board to adopt rules pursuant to the Maine Administrative
Procedure Act, requiring the inspection of all or a portion of consumer packs
of potatoes for conformity with U.S. No. 1 or other grades. Inspection under
any rule adopted pursuant to this law must be performed by a licensed
Federal/State or State Inspector, or a Certified Seed Specialist. At the
request of and in consultation with the Maine Potato Board, the commissioner
has adopted rules to require inspection of consumer packs of
potatoes.
C. Notwithstanding
paragraph II A., the minimum size for all potatoes packaged in containers
labeled with U.S. NO.1 or a Maine Bag Grade shall not be less than 2 inches in
diameter or 4 ounces in weight. Except that potatoes labeled as "Baby Maine
Grade" or "Size B" are exempted from these requirements but must meet the
requirements of the "Baby Maine Grade" or "Size B" designations. Other sizes
may be allowed by the Commissioner for the purpose of test marketing. Any
changes in size to allow for test marketing must be specifically approved by
the Department.
D. The minimum size
for potatoes designated as chef(s) shall not be less than 2 3/4 inches in
diameter or 8 ounces in weight.
Notes
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