N.Y. Comp. Codes R. & Regs. tit. 1 § 196.2

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

Section 196.2 - Branding and marking

(a) Grade. The law requires that all closed packages of grapes be marked prior to shipment either with the word "unclassified" or else with one of the grade designations which have been officially established by the Commissioner of Agriculture and Markets, namely: "U.S. Fancy Table Grapes," "U.S. No. 1 Table Grapes," "U.S. No. 1 Juice Grapes," or any of these grade designations with the word "Mixed" added. This marking shall be placed in a conspicuous position on an irremovable part of the container--on the side or end of the package, or on the handle of a climax basket if the handle is of wood.

(b) Net contents.

(1) The required mark to indicate net quantity of the contents in terms of weight or measure must be placed on an irremovable part of the container--on the side or end of the package, or on the handle of a climax basket if the handle is of wood.

(2) If the net quantity be stated in terms of measure, the package must be packed fully and firmly, so that the representation of quantity will be accurate at each sale and re-sale of the package.

(c) Name. The required mark to indicate the name and address of the person or association under whose authority the grapes are packed shall be placed on the cover of the basket, if a solid cover is used. In case a slat cover is used, this mark may either be placed on the cover or may appear on the upper surface of a printed label laid on top of the grapes underneath the cover.

(d) Method of marking. All marking must be plainly and legibly done and may be accomplished by means of a rubber stamp or by a printed label firmly affixed (except in the case of slat covers as provided in the preceding subdivision) to the cover of the basket.

(e) Time of marking. The law requires that marking be done "prior to shipment." When grapes are moved from the farm to some other place and then transferred to another conveyance, such as a railroad car, motor truck, or other medium of transportation, for final movement to market, they may either be marked at the farm or may be marked at the time of transfer to the final medium of transportation. If moved direct from the farm to market, by motor truck or other vehicle, they must be marked prior to leaving the farm.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 196.2