N.Y. Agriculture & Markets Law § 160-i: Grades or standards; establishment; sale

§ 160-i. Grades or standards; establishment; sale. The commissioner

is hereby authorized and empowered, after investigation, to establish

and promulgate official standards of quality for grading, classifying

and packing grapes 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, among other things, the factors of maturity, color,

firmness of attachment to capstems, compactness of bunches, and damage

caused by freezing or by disease or insects. The official standards so

established and promulgated shall not be lower in their requirements

than the minimum requirements of the official standards for

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

secretary of agriculture of the United States, which standards are

commonly known as "United States grades."

From and after the establishment of specific grades or standards of

quality as hereinbefore provided, grapes in packages shall not be

shipped for sale or thereafter sold or exposed for sale except by the

grades or standards so established; provided, however, that grapes not

graded and classified as to quality may be shipped for sale or sold or

exposed for sale as unclassified if so marked in a conspicuous manner on

an irremovable-part of the container in accordance with rules to be

adopted by the commissioner as hereinafter provided.