New York Administrative Code

New York State Seal of Quality eggs must be produced and packed in New York State. Seal of Quality eggs shall consist of a combination of Grades AA and A quality eggs. Eggs will be graded according to the U.S.D.A. Regulations Governing the Grading of Shell Eggs and United States …

New York State Seal of Quality grapes shall be bunches of grapes of one variety (except when designated as assorted varieties) which are mature and well colored. The berries are firm, firmly attached to capstems, and are not split, shattered, crushed, dried or wet, and are free f…

New York State Seal of Quality grape juice shall be exclusively derived from grapes grown in New York State and said products shall be in compliance with applicable trademark rules and regulations, and the following product and processing facility requirements. (1) Absence of def…

New York State Seal of Quality iceberg lettuce shall be heads of lettuce that are of similar varietal characteristics, fresh, green, not soft, not burst; free from decay, worm injury, russet spotting, doubles; free from damage by tipburn, downy mildew, field freezing, discolorati…

New York State Seal of Quality apples shall be equivalent to or better than the U.S. Fancy Grade. (1) Fairly uniform—not more than ¼ inch variation in diameter from smallest to largest apples within any package. (2) Reasonably uniform—not more than ½ inch variation in diameter fr…

New York State Seal of Quality maple syrup shall be in compliance with applicable trademark rules and regulations and the following requirements. Maple syrup means the liquid made by the evaporation of pure sap or sweet water obtained tapping a maple tree. Maple syrup shall be pr…

New York State Seal of Quality mushrooms shall be fresh mushrooms of similar varietal characteristics which are mature, fairly well shaped, provided 50 percent of the lot is well shaped, well trimmed, free from open veils, disease, spots, insect injury and decay, and from damage …

New York State Seal of Quality onions shall be onions of similar varietal characteristics which are clean, mature, fairly firm, fairly well shaped and which are free from decay, wet sunscald, doubles, bottlenecks, scallions and free from damage caused by seedstems, splits, tops, …

New York State Seal of Quality parsnips shall be washed parsnips of similar varietal characteristics which are well trimmed, fairly well formed, provided 50 percent of the lot is well formed, fairly smooth, clean, firm, free from woodiness, soft rot or wet breakdown, and from dam…

New York State Seal of Quality pears shall be pears of one variety which are mature, but not further advanced than firm ripe, carefully hand-picked, clean, fairly well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, free from injury by …

(1) New York State Seal of Quality peaches shall be peaches of one variety which possess a desirable market appearance, are mature, not soft or over-ripe, but not further advanced than generally firm at time of pack, clean, well formed, and which are free from decay, growth crack…

New York State Seal of Quality sweet peppers shall be mature, green, sweet peppers of similar varietal characteristics which are firm, fairly well or well shaped, clean, fresh, crisp, bright and free from sunscald, freezing injury, unhealed broken skins, decay and free from injur…

New York State Seal of Quality fresh plums and prunes shall be plums and prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay, sunscald, heat injury, sunburn, split pits and hail marks, and free from damage ca…

(1) The meat used for New York State Seal of Quality fresh, unsmoked pork sausage shall originate from hogs grown and processed in New York State. (2) The meat shall be from hogs slaughtered in and the finished product shall be prepared and handled in, an establishment regularly …

New York State Seal of Quality potatoes shall be potatoes having similar varietal characteristics which are fairly well matured, firm, clean, fairly well shaped, with 50 percent or more well shaped, free from freezing, blackheart, late blight, southern bacterial wilt, ring rot, s…

New York State Seal of Quality apple juice and cider/fresh apple juice shall be derived from apples grown in New York State. Products shall be in compliance with applicable trademark rules and regulations and the following product and processing facility requirements. (1) Seal of…

New York State Seal of Quality salad greens shall be plants of similar varietal characteristics which are fresh, well developed, well trimmed (except for hydroponically grown product), and which are free from decay, and free from damage caused by seedstems, broken, bruised or dis…

New York State Seal of Quality beans shall be beans that have similar varietal characteristics which possess a desirable market appearance, are of reasonable size, and fairly uniform size, well formed, fairly bright, clean, fresh, fairly young and tender, firm, and which are free…

New York State Seal of Quality vegetable sprouts shall be sprouts of similar varietal characteristics, except when clearly marked to indicate a mix, which are fresh, crisp and free from any abnormal odors, disease and decay. In addition, bean sprouts shall be free from hulls, tra…

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…

The determination for test weight per bushel must be performed on a representative portion ranging in size 1 ⅛ to 1 ¼ quarts (approximately 600 to 650 grams) after the removal of mechanically separated foreign material. Minimum test weight shall be 29 pounds per bushel for black …

New York State Seal of Quality tomatoes shall be of similar varietal characteristics, mature, not overripe or soft, clean, well-developed, well-formed, fairly smooth and free from decay, freezing injury, sunscald and damage by any other cause. (1) Similar varietal characteristics…

New York State Seal of Quality hydroponic or greenhouse tomatoes shall be tomatoes of similar varietal characteristics, mature, but not overripe or soft, clean, fairly well formed; which are free from decay, sunscald, and freezing injury, and free from damage caused by bruises, c…

New York State Seal of Quality applesauce shall be derived from apples grown in New York State. Products shall be in compliance with applicable trademark rules and regulations and the following product and processing facility requirements. Seal of Quality applesauce shall meet or…

New York State Seal of Quality provolone cheese must be made using only New York State milk and must meet the fat and moisture standards as set forth in section 17.64 of this Title, for provolone cheese. The determination of the Seal of Quality grade of provolone cheese shall be …

These standards apply only to selected and hybrid varieties of the high-bush blueberry (Vaccinium australe Small and Vaccinium corymbosum L.) produced under cultivation, but not to other species of the genus Vaccinium nor to the true huckleberries of the genus Gaylussacia. (1) Si…

New York State Seal of Quality broccoli shall be bunched stalks of Italian sprouting broccoli. Each bunch shall be clean, fresh, have characteristic color, and be free from decay and free from damage caused by overmaturity, discoloration of bud clusters or leaves, freezing, disea…

New York State Seal of Quality cabbage shall be heads of cabbage of one variety or similar varietal characteristics which are firm and not withered, puffy or burst, light green color, except red cabbage, well trimmed and which are free from soft rot, seedstems, worm injury and wo…

New York State Seal of Quality cantaloupe shall be cantaloupe (muskmelon) of one type which are mature and have high internal quality and uniform appearance, but are not over-ripe or soft or wilted, which are well formed, well netted, and free from decay, wet slip and sunscald, a…

New York State Seal of Quality carrots shall be carrots of similar varietal characteristics which are well trimmed, firm, clean, fairly well colored, fairly smooth, fairly well formed, provided 50 percent of the lot is well formed; which are free from secondary new top growth and…

New York State Seal of Quality cauliflower shall be heads of cauliflower which meet the following requirements. Basic requirements for curds are: clean, compact, color—white, size—not less than six inches in diameter. Heads are required to be fairly uniform in size—which means th…

Any person, firm, partnership, corporation, association or exchange lawfully operating in the State of New York, marketing New York State farm products, either fresh or processed, and desiring to use an official New York State brand or trademark upon said products shall make appl…

The official State trademark label or imprint shall appear only on department approved containers.

Compliance with the provisions of the rules and regulations in this section shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act or with other laws and regulations applicable within a marketing region.

Every person, firm, partnership, corporation, association or exchange, using the imprint of the State trademark label shall allow the commissioner or his or her duly authorized agents or employees, upon reasonable demand, to audit the books showing the use of such labels and to h…

For any violation of the provisions of section 156-h of article 12-A of the Agriculture and Markets Law or of these regulations, the privilege of using any official State trademark label may be revoked after notice and an opportunity to be heard. The commissioner may temporarily …

The commissioner may approve or reject the application for good and sufficient reasons. If approved, upon the execution of an agreement covering the use of an official New York brand or trademark, the applicant shall be registered, and a permit number shall be assigned to said ap…

A permit number for each product so assigned by the commissioner to a registered applicant shall, unless temporarily waived by the commissioner, appear in a place provided upon the trademark label to be used by said applicant, and such permit number shall be used only by said reg…

The product for sale under a trademark label must be in conformity with applicable trademark grade standards adopted in accordance with the provisions of article 12-A of the Agriculture and Markets Law. Such standards shall be available for public insepction at the principal offi…

The authorized trademark label or trademark imprint on packages or containers shall not be used unless the farm products to be so labeled shall have been examined by representatives duly authorized by the department and found to meet trademark standards established for said produ…

The fee for participation in this program shall not exceed the estimated costs of the services provided. Such costs shall include the following: program administration; inspection expenses such as personal services, travel, equipment, supplies and materials; and other expenses in…

The department shall assess additional charges to program paticipants for extraordinary inspection costs as follows: (a) actual inspection related travel expenses in those cases where the point of inspection is in excess of 300 miles one way from the inspector's official station;…

Every person, firm, partnership, corporation, association, or exchange authorized to use the official trademark in any form shall pay the trademark program participation fee prescribed by section 163.6 of this Part and any other charges due pursuant to section 163.7 of this Part …

Official department permission must be obtained before the State trademark is printed on any private label, brand or container. Colors of any imprint of the State trademark label shall be approved by the commissioner or his or her designee.

“Extra No. 1” consists of potatoes which meet the following requirements: (1) Similar varietal characteristics. (2) Firm. (3) Clean. (4) At least fairly well matured. (5) Fairly well shaped, with 50 percent or more well shaped. (6) Free from: (i) freezing; (ii) blackheart; (iii) …

“Unclassified” consists of potatoes which have not been classified in accordance with any of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards but is provided as a designation to show that no grade has been applied to the lot.

(a) The minimum size, or minimum and maximum sizes may be specified in connection with the grade in terms of diameter or weight of the individual potato, or in accordance with one of the size designations in subdivision (c), Table I, or subdivision (d), Table II: provided, that s…