Current through 2024-51, December 18, 2024
Section 001-125-II - OFFICIAL GRADING AND INSPECTION STANDARDSA. Title 7 M.R.S.A. Subsection951 authorizes and empowers the commissioner, "after holding public hearing, to establish and promulgate official definitions and standards for grading, classifying, packing and labeling potatoes and to change official standards from time to time. Such official standards shall not be lower in their requirements than the minimum requirements of the official standards for corresponding grades or classifications as promulgated from time to time by the Secretary of Agriculture of the United States, commonly known as U.S. Grades." The commissioner hereby incorporates by reference as the basic standards for grades of Maine potatoes the U.S. Standards for Grades of Potatoes of the U.S.D.A., Agricultural Marketing Service, as of March 27, 1991, attached hereto.B. Title 7 M.R.S.A. Subsection951 also authorizes the commissioner after consultation with the Maine Potato Board to adopt rules pursuant to the Maine Administrative Procedure Act, requiring the inspection of all or a portion of consumer packs of potatoes for conformity with U.S. No. 1 or other grades. Inspection under any rule adopted pursuant to this law must be performed by a licensed Federal/State or State Inspector, or a Certified Seed Specialist. At the request of and in consultation with the Maine Potato Board, the commissioner has adopted rules to require inspection of consumer packs of potatoes.C. Notwithstanding paragraph II A., the minimum size for all potatoes packaged in containers labeled with U.S. NO.1 or a Maine Bag Grade shall not be less than 2 inches in diameter or 4 ounces in weight. Except that potatoes labeled as "Baby Maine Grade" or "Size B" are exempted from these requirements but must meet the requirements of the "Baby Maine Grade" or "Size B" designations. Other sizes may be allowed by the Commissioner for the purpose of test marketing. Any changes in size to allow for test marketing must be specifically approved by the Department.D. The minimum size for potatoes designated as chef(s) shall not be less than 2 3/4 inches in diameter or 8 ounces in weight.01-001 C.M.R. ch. 125, § II