N.Y. Comp. Codes R. & Regs. tit. 1 § 165.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 165.4 - Tolerances

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by weight, are provided as specified:

(a) For defects.

(1) Extra No. 1. A total of five percent for potatoes in any lot which fail to meet the requirements for the grade: provided, that not more than two-fifths of this tolerance, or two percent, shall be allowed for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one-half of one percent for potatoes which are frozen or affected by soft rot or wet breakdown. See section 165.5.

(2) No. 1. A total of eight percent for potatoes in any lot which fail to meet the requirements for the grade: provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(i) five percent for external defects;

(ii) five percent for internal defects; or,

(iii) Three percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one percent for potatoes which are frozen or affected by soft rot or wet breakdown.

(3) U.S. commercial. A total of 20 percent for potatoes in any lot which fail to meet the requirements for the grade: provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(i) 10 percent for potatoes which fail to meet the requirements for U.S. No. 2 grade, including therein not more than:

(ii) six percent for external defects;

(iii) six percent for internal defects; or,

(iv) three percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one percent for potatoes which are frozen or affected by soft rot or wet breakdown.

(4) U.S. No. 2. A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(i) six percent for external defects;

(ii) six percent for internal defects; or,

(iii) three percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one percent for potatoes which are frozen or affected by soft rot or wet breakdown

(b) For off-size.

(1) Not more than three percent of the potatoes in any lot may be smaller than the required or specified minimum size except that a tolerance of five percent shall be allowed for potatoes packed to meet a minimum size of 2 1/4inches or large in diameter or five ounces or more in weight. In addition, not more than 10 percent may be larger than any required or specified maximum size.

(2) When a percentage of the potatoes is specified to be of a certain size and larger, individual samples shall have not less than one-half of the percentage specified: provided, that the average for the entire lot is not less than the percentage specified.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 165.4