01-001 C.M.R. ch. 41, § 3 - Broccoli Packing, Grading and Labeling Standards

A. All broccoli packed in the State of Maine for the commercial fresh market shall:

(1) Comply with the packing, grading, and labeling standards set forth herein. Note: Broccoli which has been packed, whether or not shipped, is subject to inspection and must comply with the requirements of the market order.

(2) Be packed in waxed, corrugated cartons with a label prominently bearing the contents and including the legible name and address of the person responsible for compliance with the Market Order.

(3) meet or exceed the standards for Maine Premium grade as herein defined.

B. Standards for Maine Premium grade broccoli shall be as follows:

(1) General - Must be packed in bunches within cartons. Each bunch shall be free from decay and from damage caused by overmaturity, insects, and from serious damage caused by discoloration of bud clusters or leaves, freezing, wilting, dirt or other foreign material, disease, or mechanical or other means. Each bunch shall be fairly well trimmed unless the carton is otherwise specifically labeled as closely trimmed, or well trimmed, or leafy - in which case the contents shall be as indicated on the carton.

(2) Size Specifications:

There are no requirements for diameter length, but size may be specified on the carton. If it is, the content shall be in conformity with the label and in accordance with the following:

(a) Diameter. The terms heads and shoots may be used to designate size of stalks. If heads and shoots are mixed, the percentage, by weight, of heads contained in the lot may be specified.

The minimum or maximum diameter, or both, in terms of inches and quarter inches, may be specified for the lot as a whole or for a certain percentage, by weight, of the lot; for example: "2 inches minimum", or "50 percent 3 1/14 inches or larger", or "75 percent 2 1/2 inches or larger".

(b) Length. The minimum or maximum length, or both, in terms of inches or half inches, may be specified on the carton in accordance with the contents, for example, "7 inches minimum length", or "6 1/2 to 8 1/2 inches long".

(3) Tolerances: In order to allow for variations incident to normal grading and handling, the following tolerances are allowed as specified:

(a) By Lot.

(1) For defects. Ten percent for bunches in any lot which fail to meet the requirements of the grade, including therein not more than 2 percent for bunches which are affected by decay. Percentages shall be determined on the basis of count, except that when bunches are not fairly uniform in size, percentages shall be determined on the basis of weight.

(2) For size.

1. Ten percent, by weight, for stalks in any lot which fail to meet the size requirements of the grade or any sizes specified on the carton for length and diameter.

When a percentage of the broccoli in a lot is specified to be heads or of a certain diameter and larger, the lot must meet the size as specified except that a tolerance of 15 percentage points may be applied to individual samples.

(b) By sample [Carton].

(1) When the allowable tolerance for a lot is 10 percent or more, individual cartons in any lot may contain not more than one and one-half times the tolerance specified, except that when the carton contains 15 bunches or less, individual cartons may contain not more than double the tolerance specified: Provided, that the averages for the entire lot are within the tolerances specified for the grade.

(2) When the allowable tolerance for a lot is less than 10 percent, individual cartons in any lot may contain not more than double the tolerance specified: Provided, that at least one bunch which does not meet the requirements shall be allowed in any one carton. And provided further, that the averages for the entire lot are within the tolerances specified for the grade.

(4) Specialty packs. Specialty packs such as non-bunched shoots or crown cuts and florets are permitted provided that they are appropriately identified on the carton and shall be subject to all standards except that they shall be exempt from all stalk length and bunching requirements.

(5) Icing. Prior to loading on a transport vehicle destined to the market, all broccoli will be packed in adequate amount of ice; in the case of a 25 pound carton, there shall be a minimum of 15 pounds of ice and a proportional amount for other size cartons.

C. Sampling Plan. For inspection and compliance purposes, tolerances shall be determined with respect to a sample lot by sampling at random as follows:

Number of cartons in lot Number of cartons examined

0-400	a minimum of 4
401-500	a minimum of 5
501-600	a minimum of 6
601-700	a minimum of 7
701-800	a minimum of 8
801-900	a minimum of 9
901-1000	a minimum of 10

Add 1 sample for each 100 cases or part thereof.

D. In cases of unusual or unanticipated market situations, the Commissioner may grant individual waivers from specified provisions of this section (3.), provided a waiver will not adversely affect the intent of the Market Order or the best interest of the broccoli industry. A waiver may be granted to an individual or firm upon written application to the Commissioner and shall be for such time period and on such conditions as the Commissioner may specify. Before granting a waiver, the Commissioner shall solicit the recommendations of the Marketing Committee, where practicable, and in any event, shall solicit the recommendation of the Chairman of the Committee.

Notes

01-001 C.M.R. ch. 41, § 3