§ 160-Q — Grades and branding

§ 160-q. Grades and branding. 1. The commissioner is hereby authorized\nand empowered, after investigation and public hearing, to fix and\npromulgate official standards including good delivery standards enroute\nor at destination for grading and classifying lettuce packed or repacked\nwithin the state, and to change any of them from time to time. In\nestablishing such standards he shall, among other things, take into\naccount so far as applicable the factors of maturity, condition,\nsolidity, color, size, temperature control and freedom from defects and\ninjury. The official standards so fixed and promulgated shall not be\nlower in their requirements than the minimum requirements of the\nofficial standards for corresponding grades of lettuce as promulgated\nfrom time to time by the secretary of agriculture of the United States,\nwhich standards are commonly known as the "United States grades".\n 2. Each closed package of lettuce, when sold, exposed for sale or\ntransported for sale, shall be plainly and conspicuously branded to\nshow:\n a. That such lettuce is "cull lettuce", if such is the fact.\n b. Number of heads.\n c. That the package was vacuum cooled if such be the fact.\n d. Name and address of packer or repacker.\n The cull identification requirement of paragraph a of this subdivision\nshall not apply to closed packages of lettuce which are being held for\nsale at retail in the retailer's own storage facilities or which are\nbeing transported from such storage facilities to stores operated by\nsuch retailer.\n 3. In case the branding upon any closed package of lettuce is changed,\nthe person making the change shall cancel the name and address of the\noriginal packer and substitute therefor his own name and address.\n