N.Y. Comp. Codes R. & Regs. tit. 1 § 188.5

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

Section 188.5 - Definitions

As used in this Part:

(a) Similar varietal characteristics means that the heads in any container have the same characteristic leaf growth. For example, lettuce of the Iceberg and Big Boston types shall not be mixed.

(b) Fresh means that the head as a whole has normal succulence and the wrapper leaves and the outermost head leaves are not more than slightly wilted.

(c) Green means that one-half or more of the exterior surface of the head, exclusive of the wrapper leaves, has at least a light green color.[FN2]

(d) Overgrown means that heads of lettuce are no longer young and succulent, are excessively hard, past the most desirable edible stage, and are readily subject to, but not necessarily affected by russet spotting, pink rib and other discoloration associated with aging.

(e) Burst means that the head is split or broken open.

(f) Ribby means that the midribs of the head leaves are so prominent that they materially detract from the appearance of the head.

(g) Doubles means two heads on the same stem.

(h) Injury means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which noticeably detracts from the appearance, or the edible or shipping quality of the lettuce. The following specific defects shall be considered as injury:

(1) Tipburn when more than two spots of tipburn occur anywhere in the compact portion of the head or:

(i) at shipping point when the aggregate area of discernible tipburn regardless of color exceeds that of a rectangle one inch in length and one-fourth inch in width; and

(ii) en route or at destination when the aggregate area of tipburn of a light buff[FN3] or darker color exceeds that of a rectangle one inch in length and one-fourth inch in width.

(2) Downy mildew:

(i) at shipping point when apparent on any head leaf or wrapper leaf; and

(ii) en route or at destination when readily apparent on any head leaf or when discoloration associated with mildew is readily apparent on more than two wrapper leaves.

(3) Freezing when blistering, peeling, or other injury resulting from freezing, except discoloration, is readily apparent on any outer head leaf.

(4) Discoloration of any one of the following types or a combination of two or more types the seriousness of which exceeds the maximum allowed for any one type:

(i) yellow or brown discoloration from any cause, affecting any portion of the leaf, when materially detracting from the appearance of the wrapper leaves;

(ii) yellow or brown discoloration from any cause when readily apparent on the compact portion of the head;

(iii) reddish discoloration following bruising when noticeably detracting from the appearance of more than two outer head leaves;

(iv) pink rib:

(a) at shipping point when any pink rib is present on head leaves; and

(b) en route or at destination when the midribs of more than two head leaves show noticeable areas of pink color as viewed on the outer surface of the leaf, or when causing any head leaf to be excessively papery and tough;

(v) rib discoloration:

(a) at shipping point when any rib discoloration is present on head leaves; and

(b) en route or at destination when distinct brown or black spots of rib discoloration are present on the outer surface of any head leaf.

(i) Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or shipping quality of the lettuce. The following specific defects shall be considered as damage:

(1) Tipburn:

(i) at shipping point when the aggregate area of discernible tipburn regardless of color occurring anywhere in the compact portion of the head exceeds that of a rectangle one inch in length and one-half inch in width; and

(ii) en route or at destination when the aggregate area of tipburn of a light buff[FN4] or darker color occurring anywhere in the compact portion of the head exceeds that of a rectangle one inch in length and one-half inch in width;

(2) Downy mildew:

(i) at shipping point when readily apparent on any head leaf; when mildew not accompanied by discoloration is readily apparent on more than two wrapper leaves, or when discoloration associated with mildew is readily apparent on any wrapper leaf; and

(ii) en route or at destination when materially detracting from the appearance of any head leaf or when seriously detracting from the appearance of more than two wrapper leaves;

(3) Opening in a hard or firm head when one-fourth or more of the head is separated from the remainder, or any degree of opening in a fairly firm head;

(4) Seedstems when excessively long, excessively curved, tough or fibrous;

(5) Broken midribs when more than two head leaves have midribs broken in two due to abnormal growth;

(6) Freezing when blistering, peeling, or other injury resulting from freezing, except discoloration, materially detracts from the appearance or the edible quality of more than two outer head leaves;

(7) Discoloration of any one of the following types or a combination of two or more types the seriousness of which exceeds the maximum allowed for any one type:

(i) yellow or brown discoloration from any cause, affecting any portion of the leaf, when seriously detracting from the appearance of the wrapper leaves;

(ii) yellow or brown discoloration from any cause when materially detracting from the appearance of the head exclusive of the wrapper leaves;

(iii) reddish discoloration following bruising when materially detracting from the appearance of more than two outer head leaves;

(iv) russet spotting:

(a) at shipping point when any russet spotting is present; and

(b) en route or at destination, when present in any degree on more than two outer head leaves, or when the number, size and color of the spots materially detracts from the appearance of any head leaf;

(v) pink rib when the midribs of more than two head leaves show areas of deep pink color more than two inches in length as viewed on the outer surface of the leaf, or when causing more than two head leaves to be excessively papery and tough; and

(vi) rib discoloration when the aggregate length of brown or black spots of rib discoloration on the outer surface of any head leaf exceeds one inch;

(8) Dirt when the compact portion of the head is smeared with mud, when the wrapper leaves are badly smeared with mud, or when the basal portion of the head is caked with mud or dry dirt; and

(9) Insects when the compact portion of the head is infested, or the wrapper leaves are badly infested with aphids or other insects, or when there is insect feeding injury on the compact portion of the head.

(j) Fairly well trimmed means that the butt is trimmed off closely below the point of attachment of the outer leaves, and that on a head of Iceberg type lettuce, wrapper leaves do not exceed six in number, not more than four of which may be excessively large and coarse.

(k) Wrapper leaves means all leaves which do not fairly closely enfold the compact portion of the head.

(l) Closely trimmed means that the butt is trimmed off closely below the point of attachment of the outer leaves and that, on a head of Iceberg type lettuce, wrapper per leaves do not exceed three in number, none of which may be excessively large and coarse.

(m) Permanent defects means defects which are not subject to change during shipment or storage, including but not limited to soft, burst, open or poorly trimmed heads, seedstems or dirt.

(n) Condition defects means defects which are subject to change during shipment or storage, including but not limited to decay, tipburn, russet spotting, pink rib, rib discoloration, and freezing injury.

(o) Serious damage means any specific defect described in this section; 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 shipping quality of the lettuce. The following specific defects shall be considered as serious damage:

(1) Tipburn:

(i) at shipping point when the aggregate area of discernible tipburn regardless of color occurring anywhere in the compact portion of the head exceeds that of a rectangle three inches in length and one inch in width; and

(ii) en route or at destination when the aggregate area of tipburn of a light buff[FN5] or darker color occurring anywhere in the compact portion of the head exceeds that of a rectangle three inches in length and one inch in width;

(2) Downy mildew:

(i) at shipping point when materially detracting from the appearance or shipping quality of any head leaf; when mildew not accompanied by discoloration is readily apparent on more than three wrapper leaves, or when discoloration associated with mildew is readily apparent on more than two wrapper leaves; and

(ii) en route or at destination when materially detracting from the appearance of more than two head leaves or when seriously detracting from the appearance of the wrapper leaves;

(3) Seedstems when causing the head to split or when protruding through the outer head leaves;

(4) Freezing when blistering, peeling, or other injury resulting from freezing, except discoloration, seriously detracts from the appearance or edible quality of more than two outer head leaves;

(5) Discoloration of any one of the following types, or a combination of two or more types the seriousness of which exceeds the maximum allowed for any type:

(i) yellow or brown discoloration from any cause, affecting any portion of the leaf, when very seriously detracting from the appearance of the wrapper leaves;

(ii) yellow or brown discoloration from any cause when seriously detracting from the appearance of the head exclusive of the wrapper leaves;

(iii) reddish discoloration following bruising when seriously detracting from the appearance of more than two outer head leaves;

(iv) russet spotting:

(a) at shipping point when any russet spotting is present;

(b) en route or at destination when the number, size, and color of the spots seriously detracts from the appearance of two or more head leaves;

(v) pink rib when areas of deep pink color, as viewed on the outer surface of the leaf, seriously detract from the appearance or the edible quality of more than two leaves; and

(vi) rib discoloration when seriously detracting from the appearance or the edible quality of more than two head leaves.

(6) Decay affecting any portion of the head including wrapper leaves.

(p) Shipping point means the point of origin of the shipment in the producing area.

[FN2] The color referred to is illustrated by plate 5 GY 8/6 in the Munsell Book of Color. Individual plates of the above color may be purchased from the Munsell Color Co., 2441 North Calvert Street, Baltimore 18, Md.

[FN3] The color referred to is illustrated by plate 10 YR 8/4 in the Munsell Book of Color. Individual plates of the above color may be purchased from the Munsell Color Co., 2441 North Calvert Street, Baltimore 18, Md.

[FN4] The color referred to is illustrated by plate 10 YR 8/4 in the Munsell Book of Color. Individual plates of the above color may be purchased from the Munsell Color Co., 2441 North Calvert Street, Baltimore 18, Md.

[FN5] The color referred to is illustrated by plate 10 YR 8/4 in the Munsell Book of Color. Individual plates of the above color may be purchased from the Munsell Color Co., 2441 North Calvert Street, Baltimore 18, Md.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 188.5