Acts and Regulations

84-88 - Fresh Fruit and Vegetable

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Full text
NEW BRUNSWICK
REGULATION 84-88
under the
Natural Products Grades Act
(O. C. 84-348)
Filed May 9, 1984
Under section 2 of the Natural Products Grades Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Fresh Fruit and Vegetable Regulation - Natural Products Grades Act.
2In this Regulation
“Act” means the Natural Products Grades Act;
“condition defect” means any defect that may develop in produce during storage or transit;
“consumer” means a person who buys produce for use by himself or his household and not for resale;
“Department” means the Department of Agriculture and Aquaculture;
“grade name” means a grade name established by this Regulation and includes any mark, description or designation of a grade;
“inspection certificate” means a certificate on the form provided by the Minister;
“lot” means that quantity of produce that for any reason is considered separately from other produce as the subject of an inspection;
“package” means an inner or outer receptacle or covering used for containing, packing, wrapping or covering an agricultural product;
“produce” means any fruit or vegetable for which grades are established by this Regulation;
“retailer” means any person who sells or displays for sale produce to a consumer.
2000, c.26, s.218; 2007, c.10, s.62
I
GRADES AND STANDARDS
3(1)Subject to subsections (2) and (3), the grades for the fresh fruit and vegetables set out in Schedule A, the grade names therefor and the standards thereof are as set out in that Schedule.
3(2)Condition defects shall not apply against the grade of any lot of produce named in Schedule A, except at the time of shipment or repacking or when offered for sale.
3(3)A tolerance of five percent, in addition to that provided in Schedule A, will be allowed for condition defects but not more than an additional two percent may be decayed, except at the time of shipment or repacking or when offered for sale.
II
PACKAGES AND PACKAGING
4Subject to sections 5 and 6, a grade name shall not be used in connection with produce, unless it is packed
(a) in a package of a size and type specified in Schedule B,
(b) in such a manner that the faced or shown surface of the produce represents the grade, size, maturity, colour and variety contained in the package, and
(c) so that its quality or saleability is not adversely affected by the presence of insects, twigs, plant material, stones or other foreign objects or material.
5The Department may authorize for experimental use sizes and types of packages not specified in Schedule B but such packages shall, when a grade name is used in connection therewith, have marked thereon “Experimental Package Number”, together with the number assigned by the Department.
6Paragraph 4(a) does not apply to produce that is displayed in bulk by a retailer.
7Strawberries, whether or not a grade name is declared, shall be packed in quart or pint containers as specified in Table I of Schedule B.
8Blueberries, whether or not a grade name is declared, shall be packed in any suitable package specified in Table I of Schedule B.
9Packages containing produce, in connection with which a grade name is used, shall not be so stained, soiled, warped, broken or otherwise damaged as to affect the shipping quality or saleability of the produce packed therein.
10Packages of produce in connection with which a grade name is used shall:
(a) if the package is of one-half bushel or more capacity and contains fruit, be securely closed in a manner commonly recognized in respect of the type of package; and
(b) if the package is a bag, be tightly and securely closed.
III
MARKING
11(1)Subject to subsection (3), a grade name shall not be used in connection with produce, unless the produce, the package in which it is packed or a tag attached thereto is marked with:
(a) the name and address of the packer or, if the produce is packed for a person who will sell the produce under his own label, the name and address of that person;
(b) the grade name of the produce but, in the case of produce grown or packed in New Brunswick, the word “Canada” or the words “New Brunswick” may be omitted from the statement of the grade name on the package;
(c) the kind of produce, except where the kind is readily visible;
(d) the name of the variety, if the package contains apples;
(e) one of the size ranges specified for use with Canada apple grades when the package contains untiered apples, unless the package is of transparent material or an open basket of not more than eleven quarts capacity or contains apples of Canada Commercial Cookers grade;
(f) the number of specimens in the package, if it is a tiered package and contains apples;
(g) the words “Table Potatoes”, if the package contains potatoes;
(h) the number of heads in the package, if the package is not transparent and contains cauliflower;
(i) the net weight of the contents, if the package is a bag, unless the bag contains cauliflower or lettuce;
(j) the volume, weight or count of the produce except
(i) in those cases provided for in paragraphs (f) and (h),
(ii) in the case of any produce in a package set out in Table I of Schedule B, and
(iii) in the case of produce in a package designated for that kind of produce in Table II or Table V of Schedule B and for which dimensions are prescribed in either of those Tables; and
(k) when produce has been transported into New Brunswick and repacked for sale in New Brunswick, the words “Product of” followed by the name of the country or province of such produce.
11(2)When packages of produce bearing a grade name are packed in a master container, the master container or a tag attached thereto shall be marked with:
(a) the name and address of the packer or, if the produce is packed for a person who will sell the produce under his own label, the name and address of that person;
(b) the grade name of the produce; and
(c) the kind of produce packed therein, if the kind is not readily discernible without opening the master container.
11(3)Subsection (1) does not apply to produce which is displayed in bulk by a retailer, except for apples and all vegetables included in Table II of Schedule A, and the package, bin or receptacle containing such produce shall have attached thereto a sign stating the grade and variety of the produce, plus the words “Product of” followed by the name of the country or province of origin of such produce.
95-169
12All marks required by this Part shall be:
(a) readily discernible, of a permanent nature and of a size reasonable in proportion to the package, label or tag but shall not be less in height than
(i) 1/8 inch on tags or tomato tubes,
(ii) 3/16 inch on bags containing less than ten pounds, and
(iii) 1/4 inch in all other cases;
(b) placed on one end of boxes, cartons or crates;
(c) stencilled, printed or interwoven on bags or placed on a suitable tag attached to the bag; and
(d) placed on the lid, handle or one end of any package not referred to in paragraphs (b) and (c).
13(1)Where a grade name is marked on a package, no other words or markings shall be placed on the package in such a manner as to appear to be part of the grade name or as to be mistaken for part of the grade name.
13(2)Notwithstanding subsection (1), if the grade standards specified for the Canada grades require that a package be marked to indicate the size of the produce therein, the size declaration shall be immediately adjacent to the grade name without any intervening printed, written or graphic matter.
14A package on which a grade name has been marked shall not have marked thereon
(a) any legible marks that do not relate to the present contents of the package, or
(b) any words that are false or misleading as to the contents of the package.
15When the marking on a package is changed, the change shall be made in such a manner that the old marking cannot be confused with the new marking.
IV
INTRAPROVINCIAL TRADE
16(1)Subject to section 17, no person shall sell or offer for sale produce unless it has been graded, packed and marked as required by this Regulation.
16(2)Produce may be transported into New Brunswick in any package commonly used for a particular commodity in the place of origin but such packages may be sold at retail level only if they are of a size and type specified in Schedule B.
17Section 16 does not apply to:
(a) potatoes that have been certified as seed potatoes in accordance with the Seeds Act, chapter S-7 of the Revised Statutes of Canada, 1970, and the regulations made thereunder;
(b) carrots, beets or onions, the tops of which have not been removed;
(c) blueberries or strawberries;
(d) produce consigned to a processing plant or sold for grading and packing for resale; and
(e) such other transactions as may be authorized by the Department under such conditions as it may require.
18Any person who advertises produce by means of mass media shall specify in the advertisement the grade name and the weight of measure of the produce.
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19Produce that is displayed in bulk by a retailer shall meet the standards set out in Schedule A.
20Subject to section 21, no potatoes shall be sent or conveyed in packages from one place to another within the Province unless
(a) they have been graded and packaged as required by this Regulation and the package and the markings on the package in which the potatoes are contained meet the requirements established by this Regulation, and
(b) they are accompanied by an inspection certificate dated not more than three days prior to shipment and signed by an inspector certifying that the potatoes and the packages in which they are contained comply with this section.
21Paragraph 20(b) does not apply to:
(a) potatoes that have been certified in accordance with the Seeds Act, chapter S-7 of the Revised Statutes of Canada, 1970, and the regulations made thereunder; and
(b) shipments of packages of potatoes having an aggregate weight of less than twelve thousand pounds, if the packages are shipped together in the same vehicle or container.
V
INSPECTION
22Any person who wishes to have produce inspected shall:
(a) give at least twenty-four hours notice to an inspector or, if there is no inspector in the area, give at least forty-eight hours notice to the nearest inspector;
(b) place the produce in such a manner that it is accessible and its quality and condition is fully disclosed; and
(c) render the inspector such assistance as he may require.
23An inspector may take out and cut samples from produce he is inspecting.
24After inspecting produce, an inspector may:
(a) issue an inspection certificate in respect of the produce;
(b) issue a card signed by the inspector indicating that the produce has been inspected; or
(c) withhold the inspection certificate and any other evidence or information pertaining to the inspection
(i) if he has reason to believe that because of latent defects due to climatic or other conditions, he is unable to determine the true quality or condition of the produce,
(ii) to facilitate the enforcement of the Act or any regulation made thereunder, or
(iii) to give effect to instructions issued by the Department for control of intraprovincial shipment of produce.
25(1)Upon the application of a person financially interested in a lot of produce, the Department may grant an appeal inspection with respect to an inspection certificate issued for the lot of produce.
25(2)The application referred to in subsection (1) shall state the reasons for the applicant’s dissatisfaction with the original inspection certificate.
25(3)The Department shall refuse to grant an appeal inspection if:
(a) the produce cannot be made accessible for inspection;
(b) the lot has lost its identity; or
(c) less than seventy-five percent of the original lot is available for inspection.
25(4)If the Department grants an appeal inspection, the inspector making the appeal inspection shall confirm the original inspection certificate unless the findings of the appeal inspection do not substantiate the original certificate with respect to any factor that could not have changed subsequent to the original inspection, in which case he shall issue an appeal inspection certificate rendering the original inspection certificate null and void.
VI
DETENTION
26An inspector may detain produce pursuant to section 4 of the Act at any place at the risk and expense of the owner thereof by attaching a detention tag, provided by the Minister, to a prominent place on the lot of produce.
27Within twenty-four hours of attaching the detention tag referred to in section 26, the inspector shall deliver or mail to the person in possession of the produce and to the owner of the produce, if known to the inspector, a duly completed notice of detention provided by the Minister.
28No person shall alter, deface or remove the detention tag referred to in section 26 and no person shall move, sell or otherwise dispose of any produce so detained until authorized by an inspector.
29(1)When an inspector is satisfied that the produce held in detention complies with this Regulation, he shall complete a notice of release provided by the Minister.
29(2)The inspector shall deliver or mail one copy of the notice of release to each of the persons to whom he sent a copy of the notice of detention referred to in section 27.
VII
FEES
30(1)Subject to this Part, the fees payable for an inspection of produce that is in:
(a) carload lots, are as follows:
(i) five dollars per carload for an inspection performed at the shipping point; and
(ii) ten dollars per carload when the inspection is performed at some place other than the shipping point; and
(b) other than carload lots, shall be determined in accordance with the following table:
  
Column I
 
Quantity Of
Produce
Inspected
Column II
 
Fee At
Shipping
Point
Column III
 
Fee At Places
Other Than
Shipping Point
  
5,000 lbs. or less
$2.00
$ 4.00
 
Over 5,000 lbs. and up to 20,000 lbs.
$3.00
$ 6.00
  
Over 20,000 lbs. and up to 40,000 lbs.
$5.00
$10.00
 
Over 40,000 lbs. and up to 60,000 lbs.
$7.00
$13.00
 
Over 60,000 lbs. and up to 80,000 lbs.
$9.00
$16.00
 
Over 80,000 lbs
$9.00 plus $2.00 for each 20,000 lbs., or part thereof, in excess of 80,000 lbs.
$16.00 plus $3.00 for each 20,000 lbs., or part thereof, in excess of 80,000 lbs.
30(2)Notwithstanding subsection (1), the fee for a restricted inspection of produce that has been previously inspected and is in storage or in transit and in carload lots is four dollars per carload.
30(3)For the purpose of subsection (2), “restricted inspection” means an inspection of a portion of a carload lot that is readily accessible without unloading or rearrangement of the lot.
30(4)For the purposes of this Part, produce shall be deemed to be in carload lots if the quantity being inspected is more than twenty thousand pounds and can be definitely established as constituting all or part of a lot received or to be shipped in a truck, trailer or railway car.
31The fee for an appeal inspection referred to in section 25 shall be double the fee otherwise payable under section 30, except that no fee shall be assessed if the original inspection is not confirmed.
32The fee for a release permit shall be the same as for an inspection certificate.
33(1)Where an inspection is made for a government agency, the Department may waive the fees prescribed in this Part.
33(2)Where an inspection of produce weighing in excess of eighty thousand pounds is made, the Department may specify that the fee shall be determined on the basis of the time required to make the inspection, at a rate of $2.50 per hour or any part thereof.
33(3)Where an inspection is made as a service not directly related to the standards set out in Schedule A, the fee for the inspection shall be the greater of
(a) $2.50 per hour or any part thereof,
(b) $5.00 per carload, if the inspection is made at the shipping point, or
(c) $10.00 per carload, if the inspection is made at some place other than the shipping point.
34Where travelling, telegram, telephone or other expenses are incurred in connection with an inspection of produce, the fees prescribed in this Part may be increased by the amount of such expenses.
35The fees prescribed in this Part shall be payable by the applicant for inspection
(a) upon delivery of the inspection certificate,
(b) in the case of applicants holding authorized charge accounts, upon receipt of an invoice, or
(c) in advance of inspection, if so requested by the inspector.
36(1)An applicant for an inspection shall be supplied with two copies of the inspection certificate.
36(2)Upon request to the Department and payment of a fee of two dollars, any person financially interested in the produce covered by an inspection certificate may be supplied with not more than four copies of the certificate.
VIII
CONTROLLED ATMOSPHERE APPLES
95-169
37In this Part
“controlled atmosphere apples” means apples that have been stored in a sealed compartment of a controlled atmosphere storage plant;
“controlled atmosphere storage plant” means premises and buildings constructed and equipped for cold storage of apples in sealed compartments in which the carbon dioxide content or oxygen content of the atmosphere, or both, is artificially controlled;
“operator” means the person in charge of a controlled atmosphere storage plant;
“packer” means the person in charge of an apple packing operation who is engaged in the packing or repacking of controlled atmosphere apples for sale.
96-71
38Every person who packs, ships, sells, offers for sale or has in his possession for sale apples in packages shall not mark “controlled atmosphere apples” or “C.A. apples” on the packages unless the apples have been stored and packed in accordance with the provisions of this Part.
39(1)No person shall commence or continue to operate a controlled atmosphere storage plant unless he has a licence to act as an operator.
39(2)The Minister may issue a licence to act as an operator to any person who applies on the form provided by the Minister.
39(3)The Minister may renew any licence issued under subsection (2) upon application on the form provided by the Minister.
39(4)A licence to act as an operator expires on August 31, 2000, and any licence issued or renewed after August 31, 2000, is valid from the date of its issue or renewal until the thirty-first day of August in every fifth year following the year 2000.
39(5)The fee for a licence to act as an operator or for any renewal of such licence is $5.00 for each year, or any part of a year, for which the licence is issued or renewed, with a maximum fee of $25.00, and the fee shall accompany the application for the licence or for the renewal.
96-71
40(1)No person shall commence or continue to engage in the packing or repacking of controlled atmosphere apples for sale by himself unless he has a licence to act as an operator or a licence to act as a packer.
40(2)The Minister may issue a licence to act as a packer to any person who applies on the form provided by the Minister.
40(3)The Minister may renew any licence issued under subsection (2) upon application on the form provided by the Minister.
40(4)A licence to act as a packer expires on August 31, 2000, and any licence issued or renewed after August 31, 2000, is valid from the date of its issue or renewal until the thirty-first day of August in every fifth year following the year 2000.
40(5)The fee for a licence to act as a packer or for any renewal of such licence is $5.00 for each year, or any part of a year, for which the licence is issued or renewed, with a maximum fee of $25.00, and the fee shall accompany the application for the licence or for the renewal.
40(6)The holder of a licence to act as an operator is deemed to be the holder of a licence to act as a packer.
96-71
41The holder of a licence to act as an operator shall:
(a) notify the Department of the date of the sealing of each compartment in which apples are stored, not later than three days after the sealing of the last compartment to be sealed at the controlled atmosphere storage plant;
(a.1) maintain the temperature in each sealed compartment between thirty-two degrees Fahrenheit and thirty-nine degrees Fahrenheit, inclusive;
(b) control the oxygen content of the atmosphere of a sealed compartment in which apples are stored at not more than five per cent
(i) within twenty days after sealing and maintain the oxygen content at that level for at least ninety days, or
(ii) within four days after sealing and maintain the oxygen content at that level for at least sixty days;
(c) Repealed: 96-71
(d) keep in a convenient location near each compartment in which apples are stored an accurate daily record in the form required by the Minister in respect of that compartment;
(e) keep a record of the capacity of each compartment, the identification of each lot of apples and the quantity of each lot of apples in storage;
(f) allow inspection of the record referred to in paragraph (d) at all reasonable times by the owner of the apples or his agent or an inspector;
(g) Repealed: 96-71
(h) mark immediately the number of his or her licence on each container of controlled atmosphere apples removed from a sealed compartment for delivery to a licensed packer.
96-71
42Where the holder of a licence to act as an operator or a licence to act as a packer repacks controlled atmosphere apples, he or she shall mark immediately the number of his or her licence on each container in which the apples are repacked.
96-71
43(1)The Minister may refuse to issue any licence referred to in this Part where the applicant fails to comply with this Regulation.
43(2)The Minister may suspend or, after a hearing, cancel or refuse to renew any licence referred to in this Part for failure to observe, perform or carry out any provision of this Regulation.
96-71
44(1)No person other than the holder of a licence to act as an operator or of a licence to act as a packer shall mark on or display with any container of apples the words “controlled atmosphere apples” or “C.A. apples” or any other words or designation indicating that the apples are controlled atmosphere apples.
44(2)No holder of a licence to act as an operator or of a licence to act as a packer shall mark on a container of apples the words “controlled atmosphere apples” or “C.A. apples” unless the apples were stored under the conditions referred to in section 41.
44(3)No holder of a licence to act as an operator or of a licence to act as a packer shall mark on a container of controlled atmosphere apples in conjunction with the words “controlled atmosphere apples” a number other than the number of his licence.
45Marks on a container of controlled atmosphere apples shall be:
(a) readily discernible, of a permanent nature and of a size reasonable in proportion to the package, label or tag but shall not be less in height than
(i) 1/8 inch on tags,
(ii) 3/16 inch on bags containing less than ten pounds, and
(iii) 1/4 inch in all other cases;
(b) placed on one end of boxes, cartons, crates, lugs or headed barrels;
(c) stencilled, printed or interwoven on bags or placed on a suitable tag attached to the bag; and
(d) placed on the lid, handle or one end of any package not referred to in paragraphs (b) and (c).
46Regulation 68-111 under the Natural Products Grades Act is repealed.
SCHEDULE A
TABLE I
GRADE STANDARDS FOR
FRESH FRUIT
1In this Table
“aggregate area” means an area equivalent to the area of a circle of the diameter specified;
“clean” means that the appearance of the fruit is not affected by dirt, dust, spray residue or other foreign material;
“diameter” means the greatest distance at right angles to the longitudinal axis;
“fairly well formed” means that at least one half of the fruit is of the shape characteristic of the variety when fully mature and that the other half deviates only slightly from the shape characteristic of the variety when fully mature;
“hand picked” means that the fruit shows no evidence of rough handling or of having been on the ground;
“mature” means that the fruit has reached the stage of development that ensures completion of the ripening process;
“properly packed” means that when the fruit is packed in a package, it is not so packed as to be slack or overpressed or otherwise in a condition likely to result in damage from handling or in transit;
“sound” means that at the time of packing, loading or final shipping point inspection, the fruit is free from condition defects such as decay, breakdown, freezing injury, bitter pit, soft or shrivelled specimens, overripe specimens, brown core, corky core or any other injury affecting its keeping quality;
“well formed” means that the fruit is of the shape characteristic of the variety when fully mature.
APPLES
2The grades for apples are Canada Extra Fancy, New Brunswick Small Extra Fancy, Canada Fancy, Canada Commercial, N.B. Domestic Cooking, Canada Commercial Cookers, Canada Hailed, Canada No. 1 (Peelers), Canada No. 2 (Peelers) and Windfall Grade.
95-169
Canada Extra Fancy Grade
3(1)Canada Extra Fancy is the grade name for apples that:
(a) are mature, hand picked, clean, smooth, well formed, sound, of one variety and sized;
(b) are free from insects, insect larva, red banded leaf roller injury, disease, Jonathan spot, drought spot or marks resembling drought spot, sprayburn, sunscald and skin broken at the stem;
(c) are free from damage;
(d) have the amount of colour specified in section 12, 13 or 14, as the case may be, for the variety; and
(e) are properly packed.
3(2)In this section, “free from damage” means the apples are free from:
(a) bruises that
(i) are soft,
(ii) individually exceed 3/4 inch in diameter, or
(iii) affect an aggregate area per apple exceeding 1 inch in diameter;
(b) hail injury that
(i) has broken the skin,
(ii) has caused discolouration,
(iii) has caused an individual mark exceeding 1/8 inch in diameter, or
(iv) affects an aggregate area per apple exceeding 1/4 inch in diameter;
(c) limb rub that
(i) is soft or depressed, or
(ii) affects an aggregate area per apple exceeding 1/4 inch in diameter;
(d) pansy spot that affects an aggregate area per apple exceeding 1/2 inch in diameter;
(e) insect injury other than pansy spot;
(f) russeting that
(i) is rough,
(ii) in the case of apples of Newtown or Winesap variety, is smooth but not characteristic of the variety and exists outside the stem cavity area or affects more than five percent of the surface of the apples including that in the stem cavity,
(iii) in the case of apples of varieties other than Newtown or Winesap, is smooth but not characteristic of the variety and extends beyond the stem cavity, or
(iv) is fine but not characteristic of the variety and affects more than five percent of the surface of the apple exclusive of the stem cavity;
(g) scale and scale spots that
(i) exceed two per apple, or
(ii) affect more than five percent of the apples in the lot;
(h) any skin punctures, in the case of apples of varieties other than McIntosh, when packed in boxes, trays or cells;
(i) any skin punctures that, in the case of apples of varieties other than McIntosh, when packed in other than boxes, trays or cells,
(i) exceed one per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than ten percent of the apples in the lot;
(j) skin punctures that, in the case of apples of McIntosh variety, when packed in boxes, trays or cells,
(i) exceed one per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than ten percent of the apples in the lot;
(k) skin punctures that, in the case of apples of McIntosh variety, when packed in other than boxes, trays or cells,
(i) exceed one per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than fifteen percent of the apples in the lot;
(l) storage scald
(i) until and including the thirty-first day of December in each crop year,
(ii) for a period of two weeks following packing,
(iii) that affects more than fifteen percent of the surface of an apple, or
(iv) that affects more than ten percent of the apples in the lot;
(m) watercore
(i) existing around the core and extending to the circular area formed by the vascular bundles,
(ii) surrounding the vascular bundles when the affected areas surrounding two or more adjacent vascular bundles meet or coalesce, or
(iii) existing in more than a slight degree outside the circular area formed by the vascular bundles;
(n) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (m), affecting their appearance, edibility or shipping quality; and
(o) a combination of two or more of the defects referred to in paragraphs (a) to (n), the total area of which exceeds the greater single area tolerance prescribed for the particular defects of the combination.
New Brunswick
Small Extra Fancy Grade
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3.1New Brunswick Small Extra Fancy is the grade name for apples that:
(a) have a minimum diameter of 2 1/4 inches and a maximum diameter of 2 3/8 inches;
(b) have the amount of colour specified for the Canada Extra Fancy grade in section 12, 13 or 14, as the case may be, for the variety; and
(c) subject to paragraph (a), meet all the requirements of Canada Fancy grade except paragraph 4(1)(d) and subparagraph 4(2)(p)(i).
95-169
Canada Fancy Grade
4(1)Canada Fancy is the grade name for apples that:
(a) are mature, hand picked, fairly clean, smooth, fairly well formed, sound, of one variety and sized;
(b) are free from insects, insect larva, red banded leaf roller injury, Jonathan spot, drought spot or marks resembling drought spot and skin broken at the stem;
(c) are free from damage;
(d) have the amount of colour specified in section 12, 13 or 14, as the case may be, for the variety; and
(e) are properly packed.
4(2)In this section, “free from damage” means the apples are free from:
(a) bruises that
(i) are soft,
(ii) individually exceed 3/4 inch in diameter, or
(iii) affect an aggregate area per apple exceeding 1 inch in diameter;
(b) hail injury that
(i) has broken the skin,
(ii) affects an aggregate area per apple exceeding 1/2 inch in diameter, or
(iii) has noticeably depressed the affected area or materially affects the appearance of the apple;
(c) insect injury of any of the following types:
(i) curculio or plant bug injury that is not completely and smoothly healed over or that shows evidence of penetration below the surface of the apple;
(ii) leaf roller, other than red banded leaf roller injury, that has deformed the apple or affects an aggregate area per apple exceeding 1/4 inch in diameter;
(iii) pansy spot that affects an aggregate area per apple exceeding 1 inch in diameter; or
(iv) insect punctures or stings that exceed 3/8 inch in depth or 1/8 inch in diameter inclusive of any encircling discoloured ring;
(d) three or more insect punctures or stings per apple;
(e) apple maggot punctures or stings that affect more than five percent of the apples in the lot;
(f) limb rub that
(i) is soft or noticeably depressed, or
(ii) affects an aggregate area per apple exceeding 1/2 inch in diameter;
(g) pinpoint scab;
(h) scab, other than pinpoint scab, that affects an aggregate area per apple exceeding 1/8 inch in diameter;
(i) russeting that
(i) is rough,
(ii) is smooth but not characteristic of the variety and affects more than five percent of the surface of the apple exclusive of the stem cavity, or
(iii) is fine but not characteristic of the variety and affects more than twenty-five percent of the surface of the apple exclusive of the stem cavity;
(j) scale and scale spots that
(i) exceed two per apple, or
(ii) affect more than five percent of the apples in the lot;
(k) any skin punctures, in the case of apples of varieties other than McIntosh, when packed in boxes, trays or cells;
(l) skin punctures that, in the case of apples of varieties other than McIntosh, when packed in other than boxes, trays, or cells,
(i) exceed one per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than fifteen percent of the apples in the lot;
(m) skin punctures that, in the case of apples of McIntosh variety, when packed in boxes, trays or cells,
(i) exceed one per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than fifteen percent of the apples in the lot;
(n) skin punctures that, in the case of apples of McIntosh variety, when packed in other than boxes, trays or cells,
(i) exceed one per apple, or
(ii) individually exceed 3/16 inch in diameter;
(o) storage scale
(i) for a period of two weeks following packing,
(ii) that affects more than fifteen percent of the surface of an apple, or
(iii) that affects more than fifteen percent of the apples in the lot;
(p) sunscald or sprayburn
(i) on apples failing to meet the colour requirements of Canada Extra Fancy grade, or
(ii) on apples meeting the colour requirements of Canada Extra Fancy grade, that does not blend with the normal colour of the apple or that is soft or has caused blistering or cracking of the skin;
(q) watercore
(i) existing around the core and extending to the circular area formed by the vascular bundles,
(ii) surrounding the vascular bundles when the affected areas surrounding two or more adjacent vascular bundles meet or coalesce, or
(iii) existing in more than a slight degree outside the circular area formed by the vascular bundles;
(r) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (q), that materially affects their appearance, edibility or shipping quality; and
(s) a combination of two or more of the defects referred to in paragraphs (a) to (r), the total area of which exceeds the greater single area tolerance prescribed for the particular defects of the combination.
Canada Commercial Grade
5(1)Canada Commercial is the grade name for apples that:
(a) are mature, hand picked, reasonably clean, sound, of one variety and sized;
(b) are free from insect larva and red banded leaf roller injury;
(c) are free from damage;
(d) have the amount of colour specified in section 12, 13 or 14, as the case may be, for the variety; and
(e) are properly packed.
5(2)In this section, “free from damage” means the apples are free from:
(a) bruises that
(i) are soft, or
(ii) affect an aggregate area per apple exceeding 1 1/2 inches in diameter;
(b) drought spots or marks resembling drought spots that
(i) exceed three per apple,
(ii) affect an aggregate area per apple exceeding ½ inch in diameter, or
(iii) have noticeably depressed or discoloured the affected area;
(c) hail injury that has
(i) not broken the skin but affects an aggregate area per apple exceeding 3/4 inch in diameter,
(ii) broken the skin and is not well healed,
(iii) broken the skin and is well healed but affects an aggregate area per apple exceeding 1/4 inch in diameter, or
(iv) noticeably depressed the affected area or seriously affected the appearance of the apple;
(d) insect injury of any of the following types:
(i) leaf roller, other than red banded leaf roller, that affects more than five percent of the surface area of an apple;
(ii) curculio or plant bug injury that is not completely and smoothly healed or that shows evidence of penetration below the surface of the apple;
(iii) insect punctures or stings that exceed 3/8 inch in depth or 1/8 inch in diameter inclusive of any encircling ring or discolouration; or
(iv) four or more insect punctures or stings, other than bud moth stings, per apple;
(e) six or more bud moth stings per apple;
(f) apple maggot punctures or stings that affect more than twenty-five percent of the apples in the lot;
(g) limb rub that
(i) is soft, or
(ii) affects more than five percent of the surface area of an apple;
(h) russeting that
(i) is rough and affects more than five percent of the surface of the apple exclusive of the stem cavity, or
(ii) is smooth but not characteristic of the variety and affects more than twenty-five percent of the surface of the apple exclusive of the stem cavity;
(i) scab spots that affect an aggregate area per apple exceeding 1/2 inch in diameter;
(j) scale and scale spots that exceed ten per apple;
(k) skin punctures that, in the case of apples of varieties other than McIntosh, when packed in boxes, trays or cells,
(i) exceed two per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than ten percent of the apples in the lot;
(l) skin punctures that, in the case of apples of varieties other than McIntosh, when packed in other than boxes, trays or cells,
(i) exceed two per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than twenty percent of the apples in the lot;
(m) skin punctures that, in the case of apples of McIntosh variety, when packed in boxes, trays, or cells,
(i) exceed two per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than twenty percent of the apples in the lot;
(n) skin punctures that, in the case of apples of McIntosh variety, when packed in other than boxes, trays or cells,
(i) exceed two per apple,
(ii) individually exceed 3/16 inch in diameter, or
(iii) affect more than thirty percent of the apples in the lot;
(o) storage scald that affects more than twenty-five percent of the surface area of the apple;
(p) sunscald or sprayburn that
(i) is soft or has caused blistering or cracking of the skin, or
(ii) affects more than ten percent of the surface area of the apple and does not blend with the colour of the apple;
(q) watercore
(i) existing around the core and extending to the circular area formed by the vascular bundles,
(ii) surrounding the vascular bundles when the affected areas surrounding two or more adjacent vascular bundles meet or coalesce, or
(iii) existing in more than a slight degree outside the circular area formed by the vascular bundles;
(r) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (q), that seriously affects their appearance, edibility or shipping quality; and
(s) a combination of two or more of the defects referred to in paragraphs (a) to (r), the total area of which exceeds the greater single area tolerance prescribed for the particular defects of the combination.
N.B. Domestic Cooking Grade
6N.B. Domestic Cooking is the grade name for apples that:
(a) have a minimum diameter of 2 1/2 inches;
(b) have no colour requirement; and
(c) meet the requirements of Canada Fancy grade, except paragraph 4(1)(d).
Canada Commercial Cookers Grade
7Canada Commercial Cookers is the grade name for apples that:
(a) are of the Northern Spy variety, the Wealthy variety or a variety that matures earlier than the Wealthy variety;
(b) have a minimum diameter of 2 1/2 inches, in the case of the Northern Spy variety, or 2 1/4 inches, in the case of all other varieties; and
(c) meet the requirements of Canada Commercial grade, except paragraph 5(1)(d), and in the case of the Wealthy variety and the varieties that mature earlier than the Wealthy variety, the requirement of maturity.
Canada Hailed Grade
8(1)Canada Hailed is the grade name for apples that:
(a) are mature, hand picked, reasonably clean, sound, of one variety and sized;
(b) are free from insect larva and red banded leaf roller injury;
(c) are free from damage as defined in subsection 5(2), with the exception of paragraph (c) thereof;
(d) are free from hail damage;
(e) have not less than the amount of colour for Canada Fancy grade as specified in section 12, 13 or 14, as the case may be, for the variety; and
(f) are properly packed.
8(2)In this section, “free from hail damage” means the apples are free from hail injury that:
(a) has broken the skin and is not well healed;
(b) has broken the skin and is well healed but exceeds 3/8 inch in diameter or affects an aggregate area per apple exceeding 1 inch in diameter;
(c) has not broken the skin but affects an aggregate area per apple exceeding 1 1/2 inches in diameter; or
(d) exceeds 1/4 inch in depth.
Canada No. 1 (Peelers) Grade
9(1)Canada No. 1 (Peelers) is the grade name for apples for processing purposes that are:
(a) mature but not overripe, fairly clean, fairly well formed, sound and of one variety;
(b) free from insect larva;
(c) free from damage; and
(d) of a minimum diameter of 2 1/4 inches.
9(2)In this section, “free from damage” means the apples are free from any injury or defect or a combination thereof that, in the case of an individual apple, would cause a loss in normal commercial preparation of more than five percent by weight in excess of that which would have been lost if the apple had been perfect.
Canada No. 2 (Peelers) Grade
10(1)Canada No. 2 (Peelers) is the grade name for apples for processing purposes that are:
(a) mature but not overripe, reasonably clean, sound and of one variety;
(b) free from insect larva;
(c) free from damage; and
(d) of a minimum diameter of 2 1/4 inches.
10(2)In this section, “free from damage” means the apples are free from any injury or defect or a combination thereof that, in the case of an individual apple, would cause a loss in normal commercial preparation of more than twenty percent by weight in excess of that which would have been lost if the apple had been perfect.
Windfall Grade
11(1)Windfall is the grade name for apples that:
(a) have the colour of Canada Extra Fancy or Canada Fancy for the variety and are mature but are not hand picked;
(b) have bruises not exceeding 1 1/2 inches in diameter in the aggregate area;
(c) have limb rub that affects not more than seven percent of the aggregate area;
(d) have not more than four skin punctures per apple and each skin puncture shall not be more than 1/8 inch in diameter, provided that not more than twenty-five percent of the apples in any package are so affected;
(e) have scab spots that affect up to eight percent of the surface, including pinpoint scab;
(f) in all other respects, meet the requirements of Canada Commercial grade; and
(g) have a minimum diameter of 2 1/4 inches.
11(2)The sale of this grade will only be permitted up to the fifteenth day of November in each apple marketing season.
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Colour Requirements for Apples
12(1)Canada Extra Fancy grade of red or red striped varieties of apples shall have a minimum percentage of their surface area, as set out in Column I of Table A, of a red or red striped colour of the shade considered fully characteristic of the variety when fully mature.
12(2)Canada Fancy grade of red or red striped varieties of apples shall have a minimum percentage of their surface area, as set out in Column II of Table A, of a red or red striped colour of the shade considered fully characteristic of the variety when fully mature.
12(3)Canada Commercial grade of red or red striped varieties of apples shall have a minimum percentage of their surface area, as set out in Column III of Table A, of a red or red striped colour of the shade considered characteristic of the variety when mature.
TABLE A
COLOUR REQUIREMENTS FOR RED AND RED STRIPED VARIETIES
Canada
Extra Fancy Grade
(I)
Canada
Fancy
Grade
(II)
Canada
Commer-
cial Grade
(III)
  1. Alexander
65
40
15
  2. Astrachan
55
30
15
  3. Atlas
65
40
15
  4. Baldwin
55
30
15
  5. Bancroft
65
40
15
  6. Baxter
65
40
15
  7. Ben Davis
55
30
15
  8. Cortland
55
30
15
  9. Crimson Beauty
55
30
15
10. Crimson Gravenstein
55
30
15
11. Delicious
55
30
15
12. Early William
55
30
15
13. Fameuse or Snow
55
30
15
14. Gano
65
40
15
15. Jonathan
55
30
15
16. Jubilee
65
40
15
17. Kendall
65
40
15
18. King (Tompkin King)
55
30
15
19. Lawfam
55
30
15
20. Linda
55
30
15
21. Lobo
65
40
15
22. Macoun
55
30
15
23. McIntosh
55
30
15
24. Northern Spy
55
30
15
25. Red Delicious
65
40
15
26. Red Rome Beauty
65
40
15
27. Red Spy
65
40
15
28. Rome Beauty
55
30
15
29. Sandow
55
30
15
30. Scarlet Pippin
65
40
15
31. Spartan
65
40
15
32. Stayman Winesap
65
40
15
33. Wagener
55
30
15
34. Wealthy
55
30
15
35. Winesap
65
40
15
36. Wolfe River
65
40
15
37. York Imperial
55
30
15
38. Varieties not otherwise provided for
55
30
15
13Canada Extra Fancy, Canada Fancy and Canada Commercial grades of red cheeked or blush varieties of apples shall have a minimum amount of red colour as set out in Table B.
TABLE B
COLOUR REQUIREMENTS FOR RED CHEEKED AND BLUSH VARIETIES
Canada
Extra
Fancy
Grade
Canada
Fancy
Grade
Canada
Commercial
Grade
1. Cox Orange
Perceptibly blushed cheek
Tinge of colour
None
2. Duchess
Idem
Idem
Idem
3. Dudley
Idem
Idem
Idem
4. Gravenstein
Idem
Idem
Idem
5. Joyce
Idem
Idem
Idem
6. Lasalle
Idem
Idem
Idem
7. Melba
Idem
Idem
Idem
8. Peerless
Idem
Idem
Idem
9. Varieties not otherwise provided for
Idem
Idem
Idem
14Canada Extra Fancy, Canada Fancy and Canada Commercial grades of green, yellow or russet varieties of apples shall be of the colour specified in Table C.
TABLE C
COLOUR REQUIREMENTS FOR GREEN, YELLOW AND RUSSET VARIETIES
Canada
Extra
Fancy
Grade
Canada
Fancy
Grade
Canada
Commercial
Grade
1. Blenheim
Colour characteristic of variety when fully mature
Colour characteristic of variety when fully mature
No colour requirements
2. Bough Sweet
Idem
Idem
Idem
3. Golden Delicious
Idem
Idem
Idem
4. Golden Russet
40% russet or golden colour
40% russet or golden colour
Idem
5. Nonpareil (Roxbury Russet)
Colour characteristic of variety when fully mature
Colour characteristic of variety when fully mature
No colour requirements
6. Northwest Greening
Idem
Idem
Idem
7. Rhode Is. Greening
Idem
Idem
Idem
8. Ribston
Idem
Idem
Idem
9. Stark, Green
Idem
Idem
Idem
10. Tolman Sweet
Idem
Idem
Idem
11. Yellow Newtown
Idem
Idem
Idem
12. Yellow Transparent
Idem
Idem
Idem
13. Varieties not otherwise provided for
Idem
Idem
Idem
Definitions of Terms
15(1)In the grades for apples
(a) “sized” means that the apples
(i) are, subject to subsection (2), of a minimum diameter of 2 1/4 inches,
(ii) if packed in a tiered package, are by count and
(A) if of a box count size of one hundred or larger, do not vary more than 5/16 inch in diameter in any one package, or
(B) if of a box count size smaller than one hundred, do not vary more than 1/4 inch in diameter in any one package, or
(iii) if packed in a package, other than as referred to in subparagraph (ii), are packed in accordance with one of the following diameter size ranges:
(A) 2 1/4 inches to 2 1/2 inches,
(A.1) 2 1/4 inches to 2 3/8 inches,
(B) 2 1/4 inches to 2 3/4 inches,
(C) 2 1/4 inches and up,
(D) 2 1/2 inches to 2 3/4 inches,
(E) 2 1/2 inches to 3 inches,
(F) 2 1/2 inches and up,
(G) 2 3/4 inches to 3 inches,
(H) 2 3/4 inches and up, or
(I) 3 inches and up; and
(b) with respect to russeting
(i) “rough” means bark-like, pebbly or thick and not blending with the normal colour of the apple,
(ii) “smooth” means net-like, streaked, patchy or solid, readily apparent but smooth to touch, and
(iii) “fine” means of very smooth texture and generally inconspicuous.
15(2)If market conditions warrant, the Minister may authorize, upon request from the apple industry, a N.B. Fancy Small grade of the size 2 to 2 1/4 inches for such a period of time and for such varieties as may be designated and the N.B. Fancy Small grade must meet all the requirements of Canada Fancy grade, except the size requirement, and red or red striped varieties shall have twenty percent more colour than required by section 12.
15(3)Apples that meet the requirements of Canada Commercial grade may be alternatively designated as Canada Cee or Canada “C”.
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General Tolerances
16(1)Notwithstanding anything in this Regulation, in the grading of Canada Extra Fancy, Canada Fancy, Canada Commercial, Canada Commercial Cookers, Canada Hailed and N.B. Domestic Cooking apples not more than
(a) five percent of the apples by count in a lot may be below the prescribed or declared minimum size,
(b) five percent of the apples by count in a lot may exceed the declared maximum size,
(c) ten percent of the packages in a lot of tiered apples may contain more than ten percent by count of apples that exceed the maximum size variation prescribed by subparagraph 15(1)(a)(ii),
(d) three percent of the apples by count in a lot may be affected by decay,
(e) five percent of the apples by count in a lot may have the same grade defect, or
(f) ten percent of the apples by count in a lot may have grade defects other than those referred to in paragraphs (a) to (c) but including those referred to in paragraphs (d) and (e),
and still meet the grade standards for a grade.
16(1.1)Notwithstanding anything in this Regulation, in the grading of New Brunswick Small Extra Fancy apples, not more than
(a) ten per cent of the apples by count in a lot may be below the prescribed or declared minimum size, and
(b) ten per cent of the apples by count in a lot may exceed the declared maximum size,
and still meet the grade standards for that grade.
16(2)Notwithstanding anything in this Regulation, in the grading of Canada No. 1 (Peelers) and Canada No. 2 (Peelers) grades not more than
(a) five percent of the apples by count in a lot may have bitter pit, and
(b) seven percent of the apples by count in a lot, in the case of Canada No. 1 (Peelers) grade, and ten percent of the apples by count in a lot, in the case of Canada No. 2 (Peelers) grade, may have grade defects other than that referred to in paragraph (a),
and still meet the grade standards for a grade.
16(3)Notwithstanding subsection (1), in the grading of Canada Extra Fancy grade, in addition to the tolerances prescribed in subsection (1), not more than five percent of the apples by count in a lot may be fairly well formed and still meet the grade standards for that grade.
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CRABAPPLES
17The grades for crabapples are Canada No. 1 and Canada Domestic.
Canada No. 1 Grade
18(1)Canada No. 1 is the grade name for crabapples that:
(a) are mature, hand picked, fairly clean, sound and of one variety;
(b) are free from insects and insect larva;
(c) are free from damage;
(d) have a minimum diameter of 1 1/4 inches;
(e) have in the case of the Hyslop variety
(i) a minimum of seventy-five percent of the crabapples with at least thirty-five percent of their surface area of a red colour, and
(ii) the balance of the lot with at least ten percent of their surface area of a red colour; and
(f) are properly packed.
18(2)In this section, “free from damage” means the crabapples are free from:
(a) handling, packing or package bruises that affect an aggregate area per crabapple exceeding 1/2 inch in diameter;
(b) hail injury that
(i) has noticeably depressed or discoloured the affected area, or
(ii) is of a russet character and affects an aggregate area per crabapple exceeding 1/4 inch in diameter;
(c) insect punctures or stings that
(i) exceed one per crabapple, or
(ii) affects an aggregate area per crabapple exceeding 1/4 inch in diameter;
(d) limb rub and leaf mark that affects an aggregate area per crabapple exceeding 1/4 inch in diameter;
(e) russeting that affects more than ten percent of the surface area of a crabapple;
(f) sunscald or spray burn that has caused blistering or noticeable discolouration;
(g) watercore
(i) existing around the core and extending to the circular area formed by the vascular bundles,
(ii) surrounding the vascular bundles where the affected areas surrounding two or more adjacent vascular bundles meet or coalesce, or
(iii) existing in more than a slight degree outside of the circular area formed by the vascular bundles;
(h) acombination of two or more of the defects referred to in paragraphs (a) to (g), the total area of which exceeds the greater single area tolerance prescribed for the particular defects of the combination; and
(i) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (h), that materially affects their appearance, edibility or shipping quality.
Canada Domestic Grade
19(1)Canada Domestic is the grade name for crabapples that:
(a) are mature, hand picked, reasonably clean, sound and of one variety;
(b) are free from damage;
(c) have a minimum diameter of 1 inch; and
(d) are properly packed.
19(2)In this section, “free from damage” means the crabapples are free from:
(a) watercore
(i) existing around the core and extending to the circular area formed by the vascular bundles,
(ii) surrounding the vascular bundles where the affected area surrounding two or more adjacent vascular bundles meet or coalesce, or
(iii) existing in more than a slight degree outside of the circular area formed by the vascular bundles; and
(b) any injury or defect or a combination thereof, other than a defect referred to in paragraph (a), that seriously affects their appearance, edibility or shipping quality.
General Tolerances
20Notwithstanding anything in this Regulation, in the grading of crabapples not more than
(a) three percent of the crabapples by count may be affected by decay,
(b) five percent of the crabapples by count may have the same grade defect, and
(c) ten percent of the crabapples by count may have grade defects of any kind, including those referred to in paragraphs (a) and (b),
and still meet the grade standards for a grade.
PEARS
21The grades for pears are Canada Extra Fancy, Canada Fancy and Canada Commercial.
Canada Extra Fancy Grade
22(1)Canada Extra Fancy is the grade name for pears that are:
(a) well formed, mature, clean, sound, smooth, hand picked, of one variety and sized;
(b) free from insects, insect larva, disease, sprayburn, drought spots, sunscald, storage scale and black end;
(c) free from damage;
(d) of a minimum diameter as follows:
(i) Clairgeau and Duchess varieties      2 1/2 inches;
(ii) Clapp Favourite, Flemish Beauty, Howell and Anjou varieties..............2 1/4 inches;
(iii) Bosc, Bartlett, Kieffer and Sheldon varieties..............2 1/8 inches;
(iv) Gifford, Winter Nelis and Lawson varieties 2 inches; and
(v) Seckel variety..............1 1/4 inches; and
(e) are properly packed.
22(2)In this section, “free from damage” means the pears are free from:
(a) bruises that
(i) have caused brown discolouration under the skin, or
(ii) affect an aggregate area per pear exceeding 3/4 inch in diameter;
(b) hail injury that
(i) has broken the skin,
(ii) has caused discolouration,
(iii) has caused an individual mark exceeding 1/8 inch in diameter, or
(iv) affects an aggregate area per pear exceeding ¼ inch in diameter;
(c) limb rub or leaf mark that is
(i) soft, rough or dark in colour, or
(ii) light brown in colour or of smooth russet character and affects an aggregate area per pear exceeding ½ inch in diameter;
(d) russeting that
(i) is rough, or
(ii) is smooth, but not characteristic of the variety and affects an aggregate area per pear exceeding 1 inch in diameter;
(e) scale and scale spots that
(i) exceed two per pear, or
(ii) affect more than five percent of the pears in this lot;
(f) skin punctures
(i) in any variety other than Anjou, or
(ii) in the Anjou variety that
(A) exceed one per pear,
(B) exceed 3/16 inch in diameter, or
(C) affect more than ten percent of the pears in the lot;
(g) a combination of two or more of the defects referred to in paragraphs (a) to (f), the total area of which exceeds the greatest single area tolerance prescribed for the particular defects of the combination; and
(h) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (f), that affects their appearance, edibility or shipping quality.
Canada Fancy Grade
23(1)Canada Fancy is the grade name for pears that are:
(a) fairly well formed, mature, fairly clean, sound, smooth, hand picked, of one variety and sized;
(b) free from insects, insect larva, drought spots, storage scald and black end;
(c) free from damage;
(d) of a minimum diameter as follows:
(i) Clairgeau and Duchess varieties..............2 1/2 inches;
(ii) Clapp Favourite, Flemish Beauty, Howell and Anjou varieties..............2 1/4 inches;
(iii) Bosc, Bartlett, Kieffer and Sheldon varieties..............2 1/8 inches;
(iv) Gifford, Winter Nelis and Lawson varieties..............2 inches; and
(v) Seckel variety..............1 1/4 inches; and
(e) properly packed.
23(2)In this section, “free from damage” means the pears are free from:
(a) bruises that
(i) have caused brown discolouration under the skin, or
(ii) affect an aggregate area per pear exceeding 3/4 inch in diameter;
(b) scab spots that affect an aggregate area per pear exceeding 1/8 inch in diameter;
(c) stony pit that exceeds one spot per pear;
(d) freckled pit that affects an aggregate area per pear exceeding 1/2 inch in diameter;
(e) hail injury that
(i) has broken the skin,
(ii) affects an aggregate area per pear exceeding ½ inch in diameter, or
(iii) has noticeably depressed the affected area or materially affects the appearance of the pear;
(f) insect injury of any of the following types:
(i) leaf roller injury that has deformed the fruit or affects an aggregate area per pear exceeding 3/4 inch in diameter;
(ii) more than two punctures or stings per pear;
(iii) a puncture or sting that exceeds 1/8 inch in depth or diameter inclusive of any encircling discoloured ring; or
(iv) pear psylla residue that affects an aggregate area per pear exceeding 1/2 inch in diameter;
(g) limb rub or leaf mark that is
(i) soft, rough or dark in colour, or
(ii) light brown in colour or of a smooth russet character and affects an aggregate area per pear exceeding 3/4 inch in diameter;
(h) russeting that
(i) is rough, or
(ii) is smooth but not characteristic of the variety and affects more than twenty-five percent of the surface area of a pear;
(i) scale and scale spots that
(i) exceed two per pear, or
(ii) affect more than five percent of the pears in the lot;
(j) skin punctures
(i) in any variety other than Anjou, and
(ii) in the Anjou variety that
(A) exceed one per pear,
(B) exceed 3/16 inch in diameter, or
(C) affect more than fifteen percent of the pears in the lot;
(k) sunscald or sprayburn that
(i) does not blend with the normal colour of the pear, or
(ii) has caused blistering or cracking of the skin;
(l) a combination of two or more of the defects referred to in paragraphs (a) to (k), the total area of which exceeds the greatest single area tolerance prescribed for the particular defects of the combination; and
(m) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (k), that materially affects their appearance, edibility or shipping quality.
Canada Commercial Grade
24(1)Canada Commercial is the grade name for pears that are:
(a) mature, reasonably clean, sound, hand picked, of one variety and sized;
(b) free from insects, insect larva, storage scald and black end;
(c) free from damage;
(d) of a minimum diameter as follows:
(i) Clairgeau and Duchess varieties..............2 1/4 inches;
(ii) Howell and Clapp Favourite varieties . . ..............2 inches;
(iii) Bartlett and Sheldon varieties..............1 7/8 inches;
(iv) Flemish Beauty, Anjou and Bosc varieties..............1 ¾ inches;
(v) Kieffer variety..............1 5/8 inches;
(vi) Gifford, Winter Nelis and Lawson varieties..............1 1/2 inches; and
(vii) Seckel variety..............1 inch; and
(e) properly packed.
24(2)In this section, “free from damage” means the pears are free from:
(a) bruises that
(i) have caused brown discolouration under the skin, or
(ii) affect an aggregate area per pear exceeding 1 inch in diameter;
(b) specimens that have more than fifteen percent of their surface area of an abnormal shape or on which the abnormal shape causes a depression greater than 1/4 inch;
(c) scab spots that affect an aggregate area per pear exceeding 1/2 inch;
(d) stony pit that affects an aggregate area per pear exceeding 1/2 inch in diameter;
(e) freckled pit that affects more than fifteen percent of the surface area of the pear or discolours the pear;
(f) drought spots that
(i) exceed three per pear, or
(ii) have noticeably depressed or discoloured the affected area;
(g) hail injury that has
(i) not broken the skin but affects an aggregate area per pear exceeding 3/4 inch in diameter,
(ii) broken the skin and is not well healed,
(iii) broken the skin and affects an aggregate area per pear exceeding 1/2 inch in diameter, or
(iv) noticeably depressed the affected area or seriously affects the appearance of the pear;
(h) insect injury of any of the following types:
(i) leaf roller that affects an aggregate area per pear exceeding 1 inch in diameter;
(ii) stings that are not well healed; or
(iii) stings that are well healed but affect an aggregate area per pear exceeding 1/2 inch in diameter inclusive of any encircling discoloured ring;
(i) limb rub or leaf mark
(i) where the affected area is seriously depressed, or
(ii) that affects an aggregate area per pear exceeding 1 inch in diameter;
(j) rough russeting that affects an aggregate area per pear exceeding 1 inch in diameter;
(k) scale and scale spots that exceed ten per pear;
(l) skin punctures that
(i) in the case of
(A) a variety other than Anjou, exceed one per pear, and
(B) Anjou variety, exceed two per pear, or
(ii) exceed 3/16 inch in diameter;
(m) sunscald or sprayburn that
(i) is soft, blistered or cracked, or
(ii) does not blend with the normal colour of the pear and affects more than fifteen percent of the surface area of the pear;
(n) a combination of two or more of the defects referred to in paragraphs (a) to (m), the total area of which exceeds the greatest single area tolerance prescribed for the particular defects of the combination; and
(o) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (m), that seriously affects their appearance, edibility or shipping quality.
25In the grades for pears, “sized” means that, when the pears are in tiered packages, they have been packed
(a) by count, and
(b) to a diameter size range not greater than 1/4 inch in diameter.
26(1)“Canada Fancy” pears may be alternatively designated “Canada No. 1”.
26(2)“Canada Commercial” pears may be alternatively designated “Canada Cee”, “Canada C” or “Canada Domestic”.
27Notwithstanding anything in this Regulation, in the grading of pears not more than
(a) five percent of the pears by count may be below the prescribed or declared minimum size,
(b) five percent of the pears by count may exceed the declared maximum size,
(c) ten percent of the packages in a lot of tiered pears may contain more than ten percent by count of pears that exceed the maximum size variation prescribed by paragraph 25(b),
(d) three percent of the pears by count may be affected by decay,
(e) five percent of the pears by count may have the same grade defect, and
(f) ten percent of the pears by count may have grade defects other than those referred to in paragraphs (a), (b) and (c) but including those referred to in paragraphs (d) and (e),
and still meet the grade standards for a grade.
CRANBERRIES
28The grades for cranberries are Canada No. 1 and Canada Domestic.
Canada No. 1 Grade
29(1)Canada No. 1 is the grade name for cranberries that:
(a) are fairly clean, sound and fairly uniform in size;
(b) have sixty-five percent of the surface area of each cranberry of a red colour;
(c) are free from insects and insect larva;
(d) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraph (c), that affects their appearance; and
(e) are properly packed.
29(2)In this section, “fairly uniform in size” means that the cranberries in any one package do not vary sufficiently in size to materially affect their general appearance.
Canada Domestic Grade
30Canada Domestic is the grade name for cranberries that:
(a) are sound and reasonably clean;
(b) have sixty-five percent of the surface area of each cranberry of a red colour;
(c) are free from insects and insect larva;
(d) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraph (c), that seriously affects their appearance; and
(e) are properly packed.
General Tolerances
31Notwithstanding anything in this Regulation, in the grading of cranberries not more than
(a) five percent of the cranberries by weight may be affected by decay,
(b) five percent of the cranberries by weight may have the same grade defect, and
(c) fifteen percent of the cranberries by weight may have grade defects of any kind including those referred to in paragraphs (a) and (b),
and still meet the grade standards for a grade.
STRAWBERRIES
32The grade for strawberries is Canada No. 1.
Canada No. 1 Grade
33(1)Canada No. 1 is the grade name for strawberries that:
(a) are firm, well formed, fairly clean, of good colour and with the calyx attached;
(b) are free from surface moisture, bruises, bird pecks and mould;
(c) are free from any injury or defect or combination thereof, other than an injury or defect referred to in paragraph (a) or (b), that materially affects their appearance, edibility or shipping quality;
(d) have a minimum diameter, in the case of
(i) Early Bird, Dunlop and Everbearing varieties, of 5/8 inch, and
(ii) varieties not referred to in subparagraph (i), of 3/4 inch; and
(e) are properly packed.
33(2)In this section, “of good colour” means that the strawberries are of the colour characteristic of the variety when fully mature.
BLUEBERRIES
34The grade for blueberries is Canada No. 1.
Canada No. 1 Grade
35(1)Canada No. 1 is the grade name for blueberries that are:
(a) well formed, well coloured, dry, sound and fairly uniform in size;
(b) free from green berries, leaves, stems, dirt or other foreign material;
(c) apparently free from insects, insect larva or disease;
(d) free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraph (c), that materially affects their appearance, edibility or shipping quality; and
(e) properly packed.
35(2)In this section
“fairly uniform in size” means that variation in size is not sufficient to materially affect the general appearance of the lot;
“well coloured” means that ninety percent of the berries are of the colour characteristic of the berries when fully mature.
General Tolerances
36Notwithstanding anything in this Regulation, in the grading of blueberries not more than
(a) one percent of the blueberries by weight may be affected by decay,
(b) one percent of the weight of the blueberries may be foreign material, and
(c) three percent of the blueberries by weight may have grade defects of any kind including those referred to in paragraphs (a) and (b),
and still meet the grade standards for a grade.
TABLE II
GRADE STANDARDS FOR FRESH VEGETABLES
1In this Table
“aggregate area” means an area equivalent to the area of a circle of the diameter specified;
“decay” means soft, mushy or leaking breakdown of the tissue, from whatever cause, and commonly known as “soft rot”;
“diameter” means the greatest width at right angles to the longitudinal axis;
“field cucumbers” means cucumbers that have not been grown in artificial conditions under glass or other protective covering;
“field tomatoes” means tomatoes that have not been grown in artificial conditions under glass or other protective covering;
“properly packed” means that when the vegetables are packed in a package, they are not so packed as to be slack or overpressed or otherwise in a condition likely to result in damage during handling or while in transit;
“rutabaga” means that vegetable commonly known as Swede turnip but does not include the usually smaller species commonly known as Summer turnip;
“sound” means that at the time of packing, loading or final shipping point inspection, vegetables are free from decay, breakdown, freezing injury, soft or shrivelled specimens, overripe specimens or other injury affecting their keeping quality;
“wrapper leaves” means all leaves which do not closely enfold the compact portion of the head.
BEETS
2The grades for beets are Canada No. 1 and Canada No. 2.
Canada No. 1 Grade
3Canada No. 1 is the grade name for beets that:
(a) have similar varietal characteristics;
(b) are not soft, flabby, shrivelled or woody in texture;
(c) are not trimmed into the shoulder but are so trimmed that the length of the tops of seventy-five percent of the beets does not exceed 1/2 inch and the length of the tops of the other beets does not exceed 1 inch;
(d) are not rough, ridged or misshapen;
(e) have the shape characteristic of the variety;
(f) are reasonably clean;
(g) are free from decay;
(h) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (g) that
(i) materially affects their appearance, edibility or shipping quality, or
(ii) cannot be removed without a loss of more than five percent of the total weight of a beet;
(i) have
(i) a minimum diameter of 1 1/4 inches and a maximum diameter of 3 inches, or
(ii) a minimum diameter of 1 inch and
(A) conform to a size range marked on the package in which they are packed or on a tag attached thereto,
(B) are packed in a transparent package, or
(C) are in a bulk display in a retail store; and
(j) are properly packed.
Canada No. 2 Grade
4Canada No. 2 is the grade name for beets that:
(a) have similar varietal characteristics;
(b) are not soft, flabby, shrivelled or woody in texture;
(c) are trimmed so that the tops do not exceed 1 inch in length but are not trimmed into the shoulder of the beet;
(d) are not deformed to the extent that the appearance of the beet is seriously affected;
(e) are free from decay;
(f) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (e), that
(i) seriously affects their appearance, edibility or shipping quality, or
(ii) cannot be removed without a loss of more than ten percent of the total weight of a beet; and
(g) have
(i) a minimum diameter of 1 1/4 inches, or
(ii) a minimum diameter of 1 inch and
(A) conform to a size range marked on the package in which they are packed or on a tag attached thereto,
(B) are packed in a transparent package, or
(C) are in a bulk display in a retail store.
General Tolerances
5Notwithstanding anything in this Regulation, in the grading of beets not more than
(a) four percent of the beets by weight may be below the prescribed or designated minimum size,
(b) eight percent of the beets by weight may exceed the prescribed or designated maximum size,
(c) two percent of the beets by weight may be affected by decay, and
(d) six percent of the beets by weight may have grade defects other than those referred to in paragraphs (a) and (b) but including those referred to in paragraph (c),
and still meet the grade standards for a grade.
CARROTS
6The grades for carrots are Canada No. 1, Canada No. 1 - Cut Crowns, Canada No. 2 and New Brunswick Utility.
Canada No. 1 Grade
7(1)Canada No. 1 is the grade name for carrots that:
(a) have similar varietal characteristics;
(b) are not woody in texture, forked, soft, flabby or shrivelled;
(c) are not trimmed into the crown but are so trimmed that the length of the tops of seventy-five percent of the carrots does not exceed 1/2 inch and the length of the tops of the other carrots does not exceed 1 inch;
(d) are not materially rough, materially misshapen or materially affected by secondary rootlets;
(e) are reasonably clean;
(f) are free from sunburn that
(i) extends more than 1/2 inch below the outer edge of the crown, or
(ii) affects more than ten percent of the carrots in the lot, provided that sunburn affecting only the crown and not extending downward from the outer edge of the crown will not be considered;
(g) are free from decay;
(h) are free from damage;
(i) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (h) that
(i) materially affects their appearance, edibility or shipping quality, or
(ii) cannot be removed without a loss of more than five percent of the total weight of a carrot;
(j) have a minimum length of 4 1/2 inches;
(k) have a minimum and maximum diameter as set out in subsection (3); and
(l) are properly packed.
7(2)In this section, “free from damage” means the carrots are free from:
(a) crown damage by mechanical injury that
(i) exceeds 1/2 inch in depth,
(ii) has become noticeably discoloured, or
(iii) affects an aggregate area exceeding two-thirds of the diameter of the carrot;
(b) broken carrots that
(i) do not conform to the general shape of a carrot,
(ii) are less than six inches in length and have a tip diameter greater than half the diameter of the carrot, or
(iii) have cuts or breaks which are rough or jagged; and
(c) fresh cracks that
(i) are not clean,
(ii) are over 1/8 inch in width,
(iii) are over 1/4 inch in depth, or
(iv) exceed one-third of the length of the carrot.
7(3)Canada No. 1 grade carrots shall have:
(a) a minimum and maximum diameter as specified on the package if packed in packages on which the minimum and maximum diameter is marked, but in no case shall the minimum diameter so marked be less than 3/4 inch;
(b) a minimum diameter of 1 1/2 inches or greater if packed in a package marked with the words “1 1/2 inches and up”, or as the case may be;
(c) a minimum diameter of 3/4 inch if packed in a transparent package or if in a bulk display in a retail store; and
(d) a minimum diameter of 1 inch and a maximum diameter of 1 3/4 inches in all cases not referred to in paragraphs (a) to (c).
7(4)Notwithstanding subsection (3), the additional grade designation “Baby”, “Mini”, “Finger” or “Cocktail” may be used in respect of Canada No. 1 grade carrots that have a maximum diameter of 3/4 inch and a maximum length of 4 1/2 inches.
Canada No. 1 - Cut Crowns Grade
8Canada No. 1 - Cut Crowns is the grade name for carrots that have had their crown or shoulders removed but which in all other respects meet the requirements of Canada No. 1 grade.
Canada No. 2 Grade
9Canada No. 2 is the grade name for carrots that:
(a) are of the same general type;
(b) are not soft, flabby, shrivelled or woody in texture;
(c) are trimmed so that the tops do not exceed 1 inch in length but are not trimmed into the crown;
(d) are not forked or deformed to the extent that the appearance of the carrots is seriously affected;
(e) are free from sunburn that extends more than 1 inch below the outer edge of the crown;
(f) are free from decay;
(g) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (f), that
(i) seriously affects their appearance, edibility or shipping quality, or
(ii) cannot be removed without a loss of more than ten percent of the total weight of a carrot;
(h) have a minimum diameter of 3/4 inch and a minimum length of 4 1/2 inches; and
(i) are properly packed.
New Brunswick Utility Grade
10New Brunswick Utility is the grade name for carrots that shall meet the requirements for Canada No. 2 grade, except that
(a) the crowns may be removed, and
(b) they are of a minimum length of 3 1/2 inches.
Washed Carrots
11The word “washed” may be used in connection with any of the grades of carrots if prior to being packed, the carrots have been washed.
General Tolerances
12Notwithstanding anything in this Regulation, in the grading of carrots not more than
(a) four percent of the carrots by weight may be below the prescribed or designated minimum size,
(b) eight percent of the carrots by weight may exceed the prescribed or designated maximum size,
(c) two percent of the carrots by weight may be affected by decay,
(d) five percent of the carrots by weight may have the same grade defect, if it is not a defect referred to in paragraph (a) or (b), and
(e) ten percent of the carrots by weight may have grade defects including those referred to in paragraphs (a) to (d),
and still meet the grade standards for a grade.
PARSNIPS
13The grades for parsnips are Canada No. 1, Canada No. 1 - Cut Crowns and Canada No. 2.
Canada No. 1 Grade
14Canada No. 1 is the grade name for parsnips that:
(a) have similar varietal characteristics;
(b) are firm and not woody in texture;
(c) are not trimmed into the crown but are so trimmed that the length of the tops of seventy-five percent of the parsnips does not exceed 1/2 inch and the length of the tops of the other parsnips does not exceed 1 inch;
(d) are fairly smooth;
(e) are free from secondary rootlets that materially affect their appearance;
(f) are not turnip-shaped or so forked or misshapen as to materially affect their appearance;
(g) are reasonably clean;
(h) are free from decay;
(i) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (h), that
(i) materially affects their appearance, edibility or shipping quality, or
(ii) cannot be removed without a loss of five percent by weight of a parsnip;
(j) have a minimum length of 5 inches and
(i) a minimum diameter of 1 1/4 inches and a maximum diameter of 3 inches,
(ii) a minimum diameter of 1 3/4 inches or greater if packed in a package marked with the words “1 3/4 inches and up”, or as the case may be, or
(iii) a minimum diameter of 1 1/2 inches and
(A) conform to a size range marked on the package in which they are packed,
(B) are packed in a transparent package, or
(C) are in a bulk display in a retail store; and
(k) are properly packed.
Canada No. 1 - Cut Crowns Grade
15Canada No. 1 - Cut Crowns is the grade name for parsnips that have had their crowns or shoulders removed but that in all other respects meet the requirements of Canada No. 1 grade.
Canada No. 2 Grade
16Canada No. 2 is the grade name for parsnips that:
(a) have similar varietal characteristics;
(b) are firm and not woody in texture;
(c) are trimmed so that the tops do not exceed 1 inch in length but are not trimmed into the crown;
(d) are not so badly forked or misshapen that their appearance is seriously affected;
(e) are free from decay;
(f) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (e), that
(i) seriously affects their appearance, edibility or shipping quality, or
(ii) cannot be removed without a loss of more than ten percent by weight of a parsnip;
(g) have a minimum diameter of 1 1/4 inches and a minimum length of 4 inches; and
(h) are properly packed.
General Tolerances
17Notwithstanding anything in this Regulation, in the grading of parsnips not more than
(a) four percent of the parsnips by weight may be below the prescribed or designated minimum size,
(b) eight percent of the parsnips by weight may exceed the prescribed or designated maximum size,
(c) two percent of the parsnips by weight may be affected by decay, and
(d) six percent of the parsnips by weight may have grade defects other than those referred to in paragraphs (a) and (b) but including that referred to in paragraph (c),
and still meet the grade standards for a grade.
RUTABAGAS
18The grades for rutabagas are Canada No. 1 and New Brunswick Utility.
Canada No. 1 Grade
19(1)Canada No. 1 is the grade name for rutabagas that:
(a) have similar varietal characteristics;
(b) are firm;
(c) are reasonably regular in contour and of a length not more than one and one-half times the diameter;
(d) are trimmed so that
(i) the tops do not exceed 3/4 inch and all green leafy growth has been removed, and
(ii) secondary roots, rootlets and any objectional part of the root have been removed;
(e) are not trimmed
(i) on the upper half of the root, or
(ii) deeply into the flesh on the lower half of the root or so as to alter the general shape of the root or to materially detract from the appearance of the rutabaga;
(f) are free from insects and insect larva;
(g) are free from decay;
(h) are free from damage;
(i) have, when in a package,
(i) a minimum and maximum diameter as marked on the package or on a tag attached thereto,
(ii) a minimum diameter of 2 inches and a maximum diameter of 4 inches and have the word “Small” marked on the package or on a tag attached thereto,
(iii) until the thirty-first day of August in each crop year, a minimum diameter of 3 inches and a maximum diameter of 5 1/2 inches and after the thirty-first day of August, a minimum diameter of 3 1/2 inches and a maximum diameter of 5 1/2 inches and have the words “Small Medium” marked on the package or on a tag attached thereto,
(iv) a minimum diameter of 4 inches and a maximum diameter of 6 inches and have the word “Medium” marked on the package or on a tag attached thereto, or
(v) a minimum diameter of 5 inches and a maximum diameter of 7 inches and have the word “Large” marked on the package or on a tag attached thereto;
(j) except in the case of the Small Medium size until the thirty-first day of August in each crop year, do not, when in a package, vary more than 2 inches in diameter; and
(k) are properly packed.
19(2)In this section, “free from damage” means the rutabagas are free from:
(a) growth cracks that
(i) are discoloured or deep, or
(ii) materially affect the appearance of a rutabaga;
(b) any injury or defect, other than an injury or defect referred to in paragraph (a), that affects the appearance of the upper half of a rutabaga;
(c) external injury that affects more than twenty-five percent of the surface area of the lower half of a rutabaga; and
(d) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a), (b) and (c), that
(i) cannot be removed without a waste of more than five percent of a rutabaga, or
(ii) materially affects the appearance, edibility or shipping of a rutabaga.
New Brunswick Utility
20New Brunswick Utility is the grade name for rutabagas that meet the requirements of Canada No. 1 grade, except that
(a) there shall be no maximum size requirement,
(b) the upper and lower half may be neatly trimmed, and
(c) large turnips, when displayed in retail stores, may be cut in two sections provided the cut surface is sealed with a protective covering.
WAXED RUTABAGAS
21The additional designation “waxed” may be used in connection with clean dry rutabagas that have been completely immersed in a wax solution.
General Tolerances
22Notwithstanding anything in this Regulation, in the grading of rutabagas not more than
(a) ten percent of the rutabagas by count may be below the designated minimum diameter and none of the rutabagas may be more than 1/2 inch below the minimum diameter,
(b) ten percent of the rutabagas by count may exceed the designated maximum diameter and none of the rutabagas may exceed the maximum diameter by more than 1/2 inch,
(c) five percent of the rutabagas by count may be affected by decay, and
(d) ten percent of the rutabagas by count may have grade defects other than those referred to in paragraphs (a) and (b) but including that referred to in paragraph (c),
and still meet the grade standards for a grade.
ONIONS
23The grades for onions are Canada No. 1, Canada No. 1 Pickling and Canada No. 2.
Canada No. 1 Grade
24(1)Canada No. 1 is the grade name for onions that:
(a) have similar varietal characteristics;
(b) are cured so that the neck is well dried;
(c) are firm;
(d) are free from thick necks, seed stems, root growth, sprouts and decay and ovoid specimens;
(e) are free from specimens the shape of which clearly indicates more than one centre of growth;
(f) are free from damage;
(g) have, when one of the additional grade designations referred to in subsections (2) to (4) is not used in connection with the onions,
(i) a minimum diameter of 1 3/4 inches and a maximum diameter of 3 inches, or
(ii) a minimum diameter of 1 3/4 inches and
(A) conform to a size range marked on the package in which they are packed or on a tag attached thereto,
(B) are packed in a transparent package, or
(C) are in a bulk display in a retail store; and
(h) are properly packed.
24(2)The additional grade designation “Small” may be used in connection with Canada No. 1 grade onions that have a minimum diameter of 1 1/4 inches and a maximum diameter of 1 3/4 inches.
24(3)The additional grade designation “Jumbo” may be used in connection with Canada No. 1 grade onions that have a minimum diameter of 3 inches.
24(4)In the case of onions having a minimum diameter of 2 1/4 inches or greater, the size may be designated as “2 1/4 inches and up”, or as the case may be.
24(5)In this section and in section 25, “free from damage” means the onions are free from:
(a) peeling that results in more than twenty-five percent of the specimens having more than fifteen percent of their flesh exposed;
(b) staining that results in more than ten percent of specimens having more than twenty-five percent of their surface area stained; and
(c) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) and (b), that materially affects their appearance, edibility or shipping quality.
24(6)In this section, “ovoid specimen” means an onion the length of which exceeds one and one-half times the diameter.
New Onion
25Notwithstanding section 24, prior to the sixteenth day of September in any year, onions grown during that year that do not comply with paragraphs 24(1)(b) and (c) but that comply with all other requirements of Canada No. 1 grade and
(a) are cured so that the neck is moderately dry, and
(b) yield only slightly to moderate pressure,
shall be deemed to meet the requirements of Canada No. 1 grade.
Canada No. 1 Pickling Grade
26Canada No. 1 Pickling is the grade name for onions that:
(a) have similar varietal characteristics;
(b) are cured so that the neck is moderately dried;
(c) yield only slightly to moderate pressure;
(d) are free from thick necks, seed stems and decay;
(e) are free from specimens the shape of which clearly indicates more than one centre of growth;
(f) are free from damage;
(g) have
(i) a minimum diameter of 1/2 inch and a maximum diameter of 1 inch, or
(ii) a minimum diameter of 1/2 inch and a maximum diameter of 1 1/2 inches and are packed in a package on which is marked the designation “1/2 inch to 1 1/2 inches”, or an abbreviation thereof; and
(h) are properly packed.
Canada No. 2 Grade
27(1)Canada No. 2 is the grade name for onions that:
(a) have similar varietal characteristics;
(b) are cured so that the neck is moderately dried;
(c) yield only slightly to moderate pressure;
(d) are free from thick necks, seed stems and decay;
(e) are free from specimens the shape of which clearly indicates more than one centre of growth;
(f) are free from damage;
(g) have a minimum diameter of 1 3/4 inches; and
(h) are properly packed.
27(2)In this section, “free from damage” means the onions are free from any injury or defect or a combination thereof that seriously affects their appearance, edibility or shipping quality.
General Tolerances
28(1)Notwithstanding anything in this Regulation, in the grading of Canada No. 1 grade and Canada No. 2 grade onions not more than
(a) five percent of the onions by weight may be below the prescribed or designated minimum size,
(b) five percent of the onions by weight may exceed the prescribed or designated maximum size,
(c) two percent of the onions by weight may be affected by decay, and
(d) five percent of the onions by weight may have grade defects other than those referred to in paragraphs (a) and (b) but including that referred to in paragraph (c),
and still meet the grade standards for a grade.
28(2)Notwithstanding anything in this Regulation, in the grading of Canada No. 1 Pickling onions not more than
(a) five percent of the onions by weight may be below the minimum size,
(b) five percent of the onions by weight may exceed the maximum size,
(c) ten percent of the onions by weight may be ovoids,
(d) two percent of the onions by weight may be affected by decay, and
(e) five percent of the onions by weight may have grade defects other than those referred to in paragraphs (a), (b) and (c) but including that referred to in paragraph (d),
and still meet the grade standards for a grade.
POTATOES
29The grades for potatoes are Canada No. 1, Canada No. 1 Large, Canada No. 2 and New Brunswick No. 1 Small.
Canada No. 1 Grade
30(1)Canada No. 1 is the grade name for potatoes that:
(a) have similar varietal characteristics;
(b) are firm;
(c) are not materially pointed, materially dumbell-shaped or otherwise materially deformed;
(d) have skins that will not loosen readily during ordinary handling;
(e) not more than ten percent of which have more than ten percent of the surface flesh exposed;
(f) are reasonably clean;
(g) are free from dumbells, specimens from which knobs have been removed, blight, hollow heart, sprain, bacterial ring rot or other decay;
(h) are free from damage;
(i) have
(i) in the case of round varieties, a minimum diameter of 2 1/4 inches and a maximum diameter of 3 1/2 inches,
(ii) subject to subparagraph (iii), in the case of long varieties a minimum diameter of 2 inches and a maximum diameter of 3 1/2 inches except that for potatoes exceeding 3 1/2 inches in length the minimum diameter may be 1 3/4 inches,
(iii) in the case of long varieties marked as having a size of 1 7/8 inches to 3 inches, a minimum diameter of 1 7/8 inches and a maximum diameter of 3 inches, if at least seventy-five per cent of the specimens have a diameter greater than 2 inches, and
(iv) in the case of any varieties marked as having a size of 2 3/4 inches to 4 1/2 inches, a minimum diameter of 2 3/4 inches and a maximum diameter of 4 1/2 inches; and
(j) are properly packed.
30(2)In this section, “free from damage” means the potatoes are free from:
(a) scab that
(i) is pitted and
(A) affects an aggregate area per potato of more than 1/4 inch in diameter, or
(B) affects more than five percent of the potatoes in the lot,
(ii) affects more than five percent of the surface area of an individual potato, or
(iii) affects more than fifty percent of the potatoes in the lot;
(b) sunburn that
(i) affects more than five percent of the potatoes in the lot, or
(ii) penetrates the flesh of a potato to a depth of more than 1/4 inch;
(c) greening that
(i) affects more than fifteen percent of the surface area of an individual potato, or
(ii) penetrates the flesh of a potato to a depth that would not be removed by ordinary peeling;
(d) wireworm or grass root holes that
(i) exceed two per potato,
(ii) individually exceed 1/2 inch in depth or in aggregate exceed 3/4 inch in depth, or
(iii) affect more than ten percent of the potatoes in the lot;
(e) sprouts that at shipping point exceed 1/2 inch in length or at a place other than shipping point exceed 1 inch in length when more than ten percent of the potatoes in any lot are so affected;
(f) any injury or defect or a combination thereof that materially affects the appearance of the potato, including but not restricted to healed-over flesh, rhizoctonia or silver scurf; and
(g) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (f), that
(i) affects the flesh of the potato and cannot be removed without a waste of more than five percent by weight of a potato, or
(ii) affects the edibility or shipping quality of the potato.
30(3)Notwithstanding subsections (1) and (2), at least sixty-five percent of the potatoes by weight in any lot of Canada No. 1 grade shall, at the time of packing or shipment, be free from defects that cannot be removed by ordinary peeling.
87-16
Canada No. 1 Large Grade
31Canada No. 1 Large is the grade name for potatoes that have a minimum diameter of 3 inches and a maximum diameter of 4 1/2 inches, but that in all other respects comply with the requirements of Canada No. 1 grade.
New Potatoes
32(1)Notwithstanding section 30 and subject to subsection (2), prior to the sixteenth day of September in any year, potatoes grown during that year that do not comply with paragraphs 30(1) (d), (e) and (i) but that in all other respects comply with the requirements of Canada No. 1 grade shall be deemed to meet the requirements of Canada No. 1 grade.
32(2)New potatoes of Canada No. 1 grade shall meet the size requirements set out in paragraph 30(1)(i), except that those potatoes otherwise required to be of a minimum diameter of 2 inches or 2 1/4 inches may be of a minimum diameter of 1 7/8 inches.
Canada No. 2 Grade
33(1)Canada No. 2 is the grade name for potatoes that:
(a) have similar varietal characteristics;
(b) are reasonably firm;
(c) are not seriously pointed, seriously dumbell-shaped or otherwise seriously deformed;
(d) are free from dumbells, specimens from which knobs have been removed, sprain, hollow heart, bacterial ring rot or other decay;
(e) are free from damage;
(f) have a minimum diameter of 1 3/4 inches and a maximum diameter of 4 1/2 inches;
(g) have at least seventy-five percent of the lot with a diameter of not less than 2 inches;
(h) not more than one-third by weight of which are seriously affected by dirt; and
(i) are properly packed.
33(2)In this section, “free from damage” means the potatoes are free from:
(a) scab that
(i) is pitted and cannot be removed without a waste of more than five percent by weight of the potato, or
(ii) affects more than twenty-five percent of the surface area of an individual potato;
(b) blight that
(i) is not dry, or
(ii) is dry but cannot be removed without a waste of more than five percent by weight of the potato;
(c) wireworm or grass root injury that affects the flesh of the potato and cannot be removed without a waste of more than five percent by weight of a potato;
(d) sprouts that at shipping point exceed 1/2 inch in length or at a place other than shipping point exceed 1 inch in length when more than ten percent of the potatoes in any lot are so affected; and
(e) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (d), that
(i) affects the flesh of the potato and cannot be removed without a waste of more than ten percent by weight of a potato, or
(ii) seriously affects the appearance, edibility or shipping quality of a potato.
New Brunswick No. 1 Small Grade
34(1)New Brunswick No. 1 Small is the grade name for potatoes grown in New Brunswick that have a minimum diameter of 1 1/2 inches and a maximum diameter of 2 1/4 inches and that in all other respects meet the requirements of Canada No. 1 grade.
34(2)If market conditions warrant and upon request from the potato industry, the Minister may authorize the sale of New Brunswick No. 1 Small grade potatoes for such period of time and for such varieties and classes as he may specify.
87-16
General Tolerances
35(1)Notwithstanding anything in this Regulation, in the grading of Canada No. 1 grade and Canada No. 1 Large grade potatoes not more than
(a) five percent of the potatoes by weight may be below the minimum size,
(b) five percent of the potatoes by weight may exceed the maximum size,
(c) three percent of the potatoes by weight, in the case of Canada No. 1 grade, and five percent of the potatoes by weight, in the case of Canada No. 1 Large grade, may be affected by hollow heart,
(d) one percent of the potatoes by weight may be affected by decay,
(e) five percent of the potatoes by weight may have grade defects other than those referred to in paragraphs (a), (b) and (c) but including that referred to in paragraph (d), and
(f) ten percent of the potatoes by weight may have grade defects of any kind including those referred to in paragraphs (a) to (e),
and still meet the grade standards for a grade.
35(2)Notwithstanding anything in this Regulation, in the grading of Canada No. 2 grade potatoes not more than
(a) five percent of the potatoes by weight may be below the minimum size,
(b) five percent of the potatoes by weight may exceed the maximum size,
(c) ten percent of the potatoes by weight may be affected by hollow heart,
(d) one percent of the potatoes by weight may be affected by decay,
(e) five percent of the potatoes by weight may have grade defects, other than those referred to in paragraphs (a), (b) and (c) but including that referred to in paragraph (d), and
(f) fifteen percent of the potatoes by weight may have grade defects of any kind including those referred to in paragraphs (a) to (e),
and still meet the grade standards for a grade.
CABBAGES
36The grades for cabbages are Canada No. 1 and Canada No. 2.
Canada No. 1 Grade
37Canada No. 1 is the grade name for cabbages that:
(a) have similar varietal characteristics;
(b) have, in the case of other than savoy type, heads that yield only slightly to pressure;
(c) have, in the case of savoy type, heads that are not soft;
(d) are trimmed so that the butts are not longer than 1/2 inch, all outer leaves injured by works, disease or other means are removed and there are not more than six wrapper leaves per head;
(e) are free from heads that are withered or burst;
(f) are free from heads that plainly show the formation of the seed stalk;
(g) are free from decay;
(h) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (g), that materially affects their appearance, edibility or shipping quality;
(i) do not, when in a package, vary more than 2 inches in diameter; and
(j) are properly packed.
Canada No. 2 Grade
38Canada No. 2 is the grade name for cabbages that:
(a) have similar varietal characteristics;
(b) are trimmed so that the stems are not longer than 1/2 inch and there are not more than six wrapper leaves per head;
(c) are free from heads that are soft, withered or burst;
(d) are free from heads that plainly show the formation of the seed stalk;
(e) are free from decay;
(f) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (e) that
(i) seriously affects their appearance, edibility or shipping quality, or
(ii) cannot be removed with a loss of more than fifteen percent of the edible portion of a head; and
(g) are properly packed.
General Tolerances
39Notwithstanding anything in this Regulation, in the grading of cabbages not more than
(a) ten percent of the packages, where the cabbages are in packages, may contain heads that exceed the permitted size variation,
(b) two percent of the cabbages by count may be affected by decay,
(c) five percent of the cabbages by count may have the same grade defect, and
(d) ten percent of the cabbages by count may have grade defects other than as referred to in paragraph (a) but including those referred to in paragraphs (b) and (c),
and still meet the grade standards for a grade.
CAULIFLOWERS
40The grades for cauliflowers are Canada No. 1 and Canada No. 2.
Canada No. 1 Grade
41(1)Canada No. 1 is the grade name for cauliflowers that:
(a) have compact heads;
(b) have wrapper leaves that are fresh and green and not damaged or unsightly;
(c) have had superfluous leaves removed but the heads of which are, unless individually wrapped, protected by a ring of wrapper leaves;
(d) are free from heads of abnormal colour or of a loose or granular appearance commonly known as “riciness”;
(e) are free from decay;
(f) are free from damage;
(g) have a minimum head diameter of 4 inches;
(h) do not, when in a package, vary more than 2 inches in diameter; and
(i) are properly packed.
41(2)In this section, “free from damage” means the cauliflowers are free from:
(a) overmature heads that are loose, open or turning yellow;
(b) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraph (a), (c) or (d), that materially affects the appearance, edibility or shipping quality of the heads or that seriously affects the wrapper leaves;
and in the case of an individual cauliflower, means that the cauliflower is free from
(c) enlarged bracts that have grown up through and extended beyond the curd and materially affect the appearance of the head; and
(d) stems of the individual flower buds that have begun to elongate resulting in the surface of the head having a fuzzy appearance.
Canada No. 2 Grade
42Canada No. 2 is the grade name for cauliflowers that:
(a) have fairly compact heads;
(b) are free from heads of abnormal colour;
(c) are free from decay;
(d) are free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a), (b) and (c), that
(i) seriously affects their appearance, edibility or shipping quality, or
(ii) cannot be removed without altering the shape of a head; and
(e) are properly packed.
General Tolerances
43Notwithstanding anything in this Regulation, in the grading of cauliflowers not more than
(a) five percent of the cauliflowers by count may be below the minimum size,
(b) ten percent of the packages may contain fewer or more heads than the number marked thereon or contain heads that exceed the permitted size variation,
(c) two percent of the cauliflowers by count may be affected by decay,
(d) five percent of the cauliflowers by count may have the same grade defect, and
(e) ten percent of the cauliflowers by count may have grade defects other than those referred to in paragraphs (a) and (b) but including those referred to in paragraphs (c) and (d),
and still meet the grade standards for a grade.
FIELD CUCUMBERS
44The grades for field cucumbers are Canada No. 1 and Canada No. 2.
Canada No. 1 Grade
45(1)Canada No. 1 is the grade name for field cucumbers that:
(a) are fresh, sound and firm;
(b) are practically straight, not more than very slightly constricted and not more than moderately tapered or pointed;
(c) have a good characteristic green colour over at least eighty-five percent of the surface area of each specimen;
(d) are free from decay and sunscald;
(e) are free from damage;
(f) do not, when in a package, with the exception of one specimen, vary more than 1/4 inch in diameter or 2 inches in length;
(g) have a maximum diameter of 2 3/4 inches and a minimum length of 6 inches; and
(h) are properly packed.
45(2)In this section, “free from damage” means the field cucumbers are free from:
(a) scars that affect more than five percent of the surface area of an individual cucumber; and
(b) any injury or defect or a combination thereof, other than a defect referred to in paragraph (a), that materially affects their appearance, edibility or shipping quality.
Canada No. 2 Grade
46(1)Canada No. 2 is the grade name for field cucumbers that:
(a) are fresh, sound and firm;
(b) are not more than moderately curved, not severely constricted and not extremely tapered or pointed or otherwise misshapen;
(c) have a good characteristic green colour over at least seventy-five percent of the surface area of each specimen;
(d) are free from decay and sunscald;
(e) are free from damage;
(f) have a minimum length of 4 inches; and
(g) are properly packed.
46(2)In this section, “free from damage” means the field cucumbers are free from:
(a) scars that affect more than ten percent of the surface area of an individual cucumber; and
(b) any injury or defect or a combination thereof, other than a defect referred to in paragraph (a), that seriously affects their appearance, edibility or shipping quality.
General Tolerances
47Notwithstanding anything in this Regulation, in the grading of field cucumbers not more than
(a) five percent of the field cucumbers by count may exceed the maximum diameter or may be shorter than the minimum length,
(b) ten percent of the packages, where the field cucumbers are in packages, may have field cucumbers which exceed the permitted size variation,
(c) one percent of the field cucumbers by count may be affected by decay,
(d) five percent of the field cucumbers by count may have the same grade defect, and
(e) ten percent of the field cucumbers by count may have grade defects other than those referred to in paragraphs (a) and (b) but including those referred to in paragraphs (c) and (d),
and still meet the grade standards for a grade.
FIELD TOMATOES
48The grades for field tomatoes are Canada No. 1, Canada No. 2, Canada No. 1 Picklers and Canada No. 2 Picklers.
Canada No. 1 Grade
49(1)Canada No. 1 is the grade name for field tomatoes that:
(a) are sound and clean;
(b) have similar varietal characteristics;
(c) are not noticeably ridged, angular or indented;
(d) are, in any individual package, of one of the following states of development:
(i) mature;
(ii) turning;
(iii) semi-ripe; or
(iv) firm-ripe;
(e) are free from disease, scald, water blisters, bruises, soft areas, decay or open wet cracks;
(f) are free from damage;
(g) have
(i) a minimum diameter of 2 inches and when packed in a closed package have, with the exception of one specimen, a maximum variation in diameter of 1 inch, or
(ii) a minimum diameter of 1 ½ inches and a maximum diameter of 2 inches and are packed in a package on which is marked the words “Small” or “1 ½ to 2 inches”; and
(h) are properly packed.
49(2)In this section, “free from damage” means the tomatoes are free from:
(a) growth cracks that are
(i) not well healed, or
(ii) well healed but exceed in aggregate length
(A) 3/4 inch if the cracks are radial from the stem end, and
(B) the circumference of a circle 1 1/4 inches in diameter if the cracks are concentric around the stem end;
(b) puffiness that causes the tomato to be distinctly light in weight;
(c) plant or stem rub affecting an aggregate area per tomato exceeding 1/2 inch in diameter;
(d) insect injury that
(i) exceeds 2 well-healed-over stings per tomato, or
(ii) is not well healed;
(e) blossom end scars that are not reasonably smooth or are greater in diameter than one quarter of the diameter of the tomato; and
(f) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (a) to (e), that materially affects their appearance, edibility or shipping quality.
Canada No. 2 Grade
50(1)Canada No. 2 is the grade name for field tomatoes that:
(a) are sound and reasonably clean;
(b) have similar varietal characteristics;
(c) are, in any individual package, of one of the following states of development:
(i) mature;
(ii) turning;
(iii) semi-ripe; or
(iv) firm-ripe;
(d) are free from decay, water blisters and open wet cracks;
(e) are not so misshapen or deformed as to seriously affect their appearance;
(f) are free from damage;
(g) have a minimum diameter of 1 3/4 inches; and
(h) are properly packed.
50(2)In this section, “free from damage” means the tomatoes are free from:
(a) blossom end scars that are
(i) rough or indented, or
(ii) exceed five percent of the surface area of an individual tomato; and
(b) any injury or defect or a combination thereof, other than an injury or defect referred to in paragraph (a), that seriously affects their appearance, edibility or shipping quality.
Canada No. 1 Picklers
51(1)Canada No. 1 Picklers is the grade name for immature green field tomatoes that in all other respects comply with the requirements of Canada No. 1 grade.
51(2)Canada No. 1 Picklers grade for field tomatoes may be alternatively designated as Canada No. 1 Pickling.
Canada No 2 Picklers
52(1)Canada No. 2 Picklers is the grade name for immature green field tomatoes that in all other respects comply with the requirements of Canada No. 2 grade.
52(2)Canada No. 2 Picklers grade for field tomatoes may be alternatively designated as Canada No. 2 Pickling.
Definitions of Terms
53(1)In sections 49 and 50
“firm-ripe” means
(a) the field tomato shows from seventy-five to one hundred percent pink or red colour, and
(b) not more than ten percent of the field tomatoes by count are semi-ripe;
“mature” means
(a) the field tomato shows a definite tinge of pink at the blossom end, and
(b) not more than ten percent of the field tomatoes by count are turning;
“semi-ripe” means
(a) the field tomato shows from twenty-five to seventy-five percent pink or red colour, and
(b) not more than ten percent of the field tomatoes by count are turning or firm-ripe;
“turning” means
(a) the field tomato shows from a tinge to twenty-five percent pink or red colour, and
(b) not more than ten percent of the field tomatoes by count are mature or semi-ripe.
53(2)In the grades for field tomatoes, “clean” means that the tomato is free from dirt, spray residue and other foreign material.
General Tolerances
54Notwithstanding anything in this Regulation, in the grading of field tomatoes not more than
(a) five percent of the field tomatoes by count may be below the minimum size,
(b) five percent of the field tomatoes by count may exceed the maximum size,
(c) ten percent of the packages, when the field tomatoes are in packages, may contain field tomatoes that exceed the permitted size variation,
(d) three percent of the field tomatoes by count may be affected by soft areas, water blisters, open wet cracks or decay,
(e) five percent of the field tomatoes by count may have the same grade defect, and
(f) ten percent of the field tomatoes by count may have grade defects other than those referred to in paragraphs (a), (b) and (c) but including those referred to in paragraphs (d) and (e),
and still meet the grade standards for a grade.
SWEET CORN
55The grade for sweet corn is Canada No. 1.
Canada No. 1 Grade
56(1)Canada No. 1 is the grade name for sweet corn that:
(a) has similar varietal characteristics;
(b) is free from ears that are misshapen or stunted in growth;
(c) has ears on which
(i) the underdeveloped ends do not exceed one quarter of the length of the ear, and
(ii) the appearance and quality of the edible portion is not affected by poorly developed rows;
(d) has ears which have
(i) kernels that are tender, plump and milky, and
(ii) rows of kernels that are of fairly uniform development;
(e) is well covered with fresh, unbroken green husks or, if the husks have been removed, is protected by transparent wrappers;
(f) is free from any injury or defect or a combination thereof, other than an injury or defect referred to in paragraphs (b) to (e), that materially affects its appearance, edibility or shipping quality;
(g) has a minimum of 4 inches of edible corn on each ear; and
(h) is properly packed.
56(2)Packages containing Canada No. 1 grade sweet corn shall have marked thereon or on a tag attached thereto the word “Small”, if the ears packed therein have, when measured lengthwise, a minimum of 4 inches and a maximum of 6 inches of edible corn.
56(3)Notwithstanding paragraphs (1)(e) and (f), ears of Canada No. 1 grade sweet corn may be trimmed at the tassel end if the trimming does not result in the removal of all evidence of tapering of the ear.
General Tolerances
57Notwithstanding anything in this Regulation, in the grading of sweet corn not more than
(a) ten percent of the packages, where sweet corn is in packages containing thirty or less ears, may contain five percent more or less than the number of ears marked thereon,
(b) ten percent of the packages, where sweet corn is in packages containing thirty-six ears or more, may contain two ears more or less than the number of ears marked thereon,
(c) fifteen percent of the ears by count may exceed the maximum length,
(d) five percent of the ears by count may be below the minimum length,
(e) one percent of the ears by count may be affected by decay,
(f) five percent of the ears by count may have the same grade defect, and
(g) ten percent of the ears by count may have grade defects other than those referred to in paragraphs (a) to (d) but including those referred to in paragraphs (e) and (f),
and still meet the grade standards for a grade.
SCHEDULE B
STANDARD PACKAGES
1All produce may be packed in the packages described in Table I.
TABLE I
Column I
Type
Column II
Size or Volume
1.
Pint
33.6 cubic inches
2.
Quart
67.2 cubic inches
3.
Baskets
2, 4, 6 or 11 quarts
4.
Bushel Hamper
32 quarts
5.
Half Bushel Hamper
16 quarts
6.
Bushel Box, Carton or Crate
2200 to 2400 cubic inch minimum
7.
Half Bushel Box, Carton or Crate
1100 to 1200 cubic inch minimum
8.
4 - Basket Crate
15 3/4″ × 15 3/4″ × 5 1/8″ to carry baskets of 4 1/4″ depth measuring 7 1/2″ × 7 1/2″ at the top and 6 1/2″ × 6 1/2″ at the bottom
2Fruit of a kind referred to in Column I of Table II may be packed in the packages described in Columns II and III.
TABLE II
Column I
Kind
Column II
Type
Column III
Size or Weight
1.
Apples
Standard Box
18″ × 11 1/2″ ×
10 1/2″
2.
Apples
Crate
17″ × 13″ × 11″
3.
Apples, Crabapples
Bag
3, 4, 5, 8 and 10 lbs.
4.
Apples
Cell Pack
Fruit to be packed in count in individual cells of a size set out in Tables III and IV
5.
Apples, Crabapples, Pears
Half Box
16 1/8″ × 8 5/8″ ×
7 5/8″
6.
Apples, Crabapples, Pears
Carton or Crate
16 1/8″ × 11 1/2″ with a 5 3/4″ end piece and 4 3/4″ side piece
7.
Apples, Pears
Tray Carton
19 3/4″ × 12″ ×
11 3/4″
8.
Crabapples, Pears
Box
18″ × 11 1/2″ × 8 1/2″
9.
Pears
Carton
17″ × 10 3/4″ × 5″
10.
Rhubarb
Carton or Crate
10, 15, 20, 40 and 50 lbs.
3The individual cells referred to in Table II shall, when used for packing elongated apples of varieties such as Delicious, be of the dimensions specified in Table III.
TABLE III
Count in Cell Pack
Length in Inches
Width in Inches
Depth in Inches
  1. 60
3 5/8
3 3/8
3 5/8
  2. 72
3 7/16
3 3/16
3 7/16
  3. 80
3 5/16
3 1/16
3 5/16
  4. 96
3 1/16
2 7/8
3 1/8
  5. 120
2 7/8
2 11/16
2 15/16
  6. 140
2 11/16
2 9/16
2 3/4
  7. 160
2 9/16
2 7/16
2 5/8
  8. 175
2 15/32
2 11/32
2 1/2
  9. 200
2 11/32
2 9/32
2 7/16
10. 216
2 7/32
2 7/32
2 3/8
4The individual cells referred to in Table II shall, when used for packing round type apples of varieties such as McIntosh, Spartan, Newtowns or Romes, be of the dimensions specified in Table IV.
TABLE IV
Count in Cell Pack
Length in Inches
Width in Inches
Depth in Inches
  1. 60
3 9/16
3 1/2
3 3/4
  2. 72
3 7/16
3 1/16
3 9/16
  3. 84
3 1/4
2 3/4
3 5/16
  4. 96
3 3/16
2 11/16
3 1/4
  5. 120
2 15/16
2 1/2
3
  6. 140
2 3/4
2 5/16
2 13/16
  7. 160
2 9/16
2 1/4
2 11/16
  8. 180
2 1/2
2 3/16
2 5/8
  9. 200
2 3/8
2 1/16
2 1/2
10. 216
2 5/16
2
2 7/16
5Vegetables of a kind referred to in Column I of Table V may be packed in the packages described in Columns II and III.
TABLE V
Column I
Kind
Column II
Type
Column III
Size, Weight or Count
  1.
Beets,
Carrots, Onions, Parsnips, Potatoes, Rutabagas
Bag, Carton, Box or Crate
1, 2, 3, 5, 10, 15, 20, 25, 50, 75, 100 and 110 lbs.
  2.
Cabbages
Bag, Carton, Box or Crate  
40, 50 and 75 lbs.
  3.
Corn
Bag, Carton, Box or Crate  
1, 2, 3, 4, 5, 6, 1 dozen and even
  4.
Cucumbers
Carton
16 1/2″ × 8 1/2″ ×
6 1/4″ containing two dozen cucumbers
  5.
Cucumbers
Carton
14 1/4″ × 8 1/2″ ×
6 1/4″ containing two dozen cucumbers
  6.
Cucumbers
Carton
13 1/4″ × 8 1/4″ ×
6 1/4″ containing two dozen cucumbers
  7.
Cucumbers
Carton
16″ × 11″ × 9 1/2″
  8.
Cucumbers
Carton
18″ × 11 3/4″ × 3 5/8″
  9.
Cucumbers
Carton
20″ × 11 3/4″ × 3 5/8″
10.
Cucumbers
Crate
16 1/8″ × 11 1/2″ ×
4 1/2″
11.
Tomatoes
Crate
16 1/8″ × 13 1/2″ ×
6 1/2″
12.
Tomatoes
Carton, Box
or Crate
8 and 10 lbs., and 10 plus multiples of 5 lbs.
13.
Tomatoes
Tube
14 oz.
6Packages containing produce shall, in addition to meeting the requirements prescribed by sections 1 to 5, be suitable for the produce.
N.B. This Regulation is consolidated to March 2, 2007.