N.Y. Agriculture & Markets Law § 158: Apples; adoption of grades; branding

§ 158. Apples; adoption of grades; branding. The commissioner is

hereby authorized and empowered, after investigation and public hearing,

to fix and promulgate official standards for grading and classifying

apples packed or repacked within the state, and to change any of them

from time to time. In establishing such standards he shall take into

account the factors of maturity, soundness, color and shape. The

official standards so fixed and promulgated shall not be lower in their

requirements than the minimum requirements of the official standards for

corresponding grades of apples as promulgated from time to time by the

secretary of agriculture of the United States, which standards are

commonly known as the "United States grades."

Each closed package of apples, when sold, exposed for sale or

transported for sale, shall be plainly and conspicuously branded to

show:

(1) Variety.

(2) Grade.

(3) Minimum diameter or numerical count.

(4) Quantity of contents.

(5) Name and address of packer or repacker.

If the true name of the variety is not known to the packer or

repacker, the statement shall include the words "variety unknown" in

place of the name of the variety.

In case the branding upon any closed package of apples is changed, the

person making the change shall cancel the name and address of the

original packer and substitute therefor his own name and address.