01-001-41 Me. Code R. § 2

Current through 2024-51, December 18, 2024
Section 001-41-2 - Definitions:
A. Stalk: Stalk means a portion of the broccoli plant including the stem, bud clusters, and leaves. individual stalks may be designated as "heads" or "shoots" as follows:
1. Read means a stalk of broccoli having a cluster of closely associated buds which is 21/4 inches or larger in diameter.
2. Shoot means a stalk of broccoli having bud clusters which fail to meet the requirements for a head.
B. Bunch: Bunch means stalks bound together to form a unit. A single stalk may be considered a bunch if it is approximately as large as other bunches in the lot.
C. Closely trimmed: Closely trimmed means that not more than a total of 5%, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.
D. Well trimmed: Well trimmed means that not more than a total of 15%, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.
E. Fairly well trimmed: Fairly well trimmed means that not more than a total of 30 percent, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.
F. Leafy: Leafy means that more than 30 percent, but not more than 50 percent, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.
G. Serious damage: Serious damage means any specific defect described in this definition; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance or the edible or marketing quality of the bunch. Without limitations of the foregoing, the following specific defects shall be considered as serious damage:
(1) Discoloration of bud clusters, when the buds have a decidedly yellowish, brownish, or reddish cast which seriously detracts from the appearance of the bunch. A bluish or purplish cast over the green is often characteristic of good broccoli and shall not be considered as serious damage.
(2) Discoloration of leaves, when the appearance of the bunch is seriously affected by discolored leaves or parts of leaves.
(3) Hollow stem and stem texture shall not be considered serious damage.
H. Diameter: Diameter means the average measurement across the bud cluster at the top of the stalk.
I. Commercial fresh market- Commercial fresh market means any market for fresh broccoli unless specifically exempted by this Marketing order or 01-001, Chapter 2, Code of Maine Regulations. Markets shall include, but shall not be limited to, retail outlets, wholesale markets, and institutional markets, and shall exclude farm stands and other local markets that are supplied by local producers who normally market their broccoli in other than traditional commercial cartons.
J. Persons affected: Persons affected shall include all producers who grow broccoli in Maine for sale to the commercial fresh market, except that persons growing two acres or less are exempt, provided they neither sell their broccoli to a packer nor market it in traditional commercial cartons.
K. Handler: Handler means any person, except a common carrier, exempt carrier or contract carrier of agricultural commodities, who is engaged in packing, grading, selling, offering for sale, or marketing broccoli, or who as owner, agent or otherwise ships or causes to be shipped any broccoli.
L. Lots: Lot means any number of cartons of broccoli located in the same conveyance, warehouse, packing house or on the same dock or platform and which are segregated from the next lot for purposes of shipments, storage, or sale.
M. Fresh broccoli Fresh broccoli means broccoli marketed for the purpose of consumption as fresh (not processed) product.

01-001 C.M.R. ch. 41, § 2