01-001-125 Me. Code R. § I

Current through 2024-51, December 18, 2024
Section 001-125-I - DEFINITIONS

Unless otherwise provided herein, all terms shall have the meaning indicated in the United States Standards for Grades of Potatoes, as promulgated on March 27, 1991 attached hereto. In addition, the following terms have the meanings described below:

A. "Chef(s)" means large potatoes typically purchased by restaurants, hotels, resorts, or other institutional markets where size, count or portion control are desired. Such potatoes shall meet U.S. No. 1 grade standards and shall not be less than 2 3/4 inches in diameter or 8 ounces in weight.
B. "Commissioner" means the Commissioner of The Maine Department of Agriculture, Food and Rural Resources.
C. "Consumer pack" means a unit of 50 pounds or less net weight of potatoes contained in a bag or other type of container designed for the consumer market.
D. "Department" means the Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations.
E. "Long White Potatoes" means long type Irish potatoes with a smooth white skin, including but not limited to the following varieties: Shepody and White Rose.
F. "Lot" means a load or any number of like containers which contain potatoes of the same kind or similar variety located in the same place or conveyance. Potatoes which are different from each other as to grade, size, or type and size of container, identification marks or other factors shall be deemed to be separate lots. For the purposes of these rules a lot shall not exceed 50,000 pounds.
G. "Maine Bag" means any consumer pack of potatoes on which appears the word "Maine" in letters larger than 1/14 inch or a pictorial representation of the outline of the shape of the state.
H. "Maine Bag Grade" means any of the officially established grades of potatoes adopted by the Commissioner which qualify for packing in a Maine bag.
I. "Non Approved Varieties" means varieties that are not approved for packing or shipping by the Department in Maine Bags because of poor or unacceptable eating or cooking characteristics. The following variety is currently non- approved: Snowden. Additional varieties may be designated as non-approved through the rule-making process.
J. "Non Commercial Producer" means a potato producer that produces ten (10) or fewer acres of potatoes annually. The production of all family members sharing the same farm or equipment shall be included in calculating the farm production.
K. "Non-Maine Bag" means any consumer pack that is not a Maine bag.
L. "Organic Potatoes" means potatoes that are produced in the State of Maine by producers that are Certified Organic Farmers.
M. "Positive Lot Identification" means the affixing by, or under the supervision of, the inspector of a traceable code, consisting of numbers and/or letters, to containers by stamping or taping or other means approved by the Department.
N. "Principal display panel" means that part, or those parts of a label designed to be most likely displayed and examined under normal conditions of display at retail markets.
O. "Round type Irish potatoes" means those varieties classified as round to include white and yellow fleshed; red, white and blue skinned, round russets, etc.
P. "Russet Type Potatoes" means long type Irish potatoes with russeted skins, including but not limited to the following varieties: Bel Rus, Russet Burbank and Russet Norkotah.
Q. "Sprout Inhibitor" means a sprout suppressant approved or registered for use on potatoes by the Pesticides Control Board, such as Maleic Hydrazide or Chloro IPC.
R. "State of Maine Quality Trademark" means an official quality trademark described as either a silhouette of the State of Maine divided into three horizontal sections or three parallel stripes consisting of a blue stripe at the top, white in the center and red at the bottom. The use of these trademarks is subject to the provisions set forth by Department of Agriculture Rules (01-001, Chapter 135).
S. "Very Serious Damage" means defect(s) that affects the external appearance of the potato and cannot be removed without a loss of more than 15 percent of the total weight of the potato including peel covering the defective area.

01-001 C.M.R. ch. 125, § I