Apples (Consolidated Laws of New York: Agriculture and Markets Law; Article 13; §§ 157 − 160)

1 Agriculture and Markets ARTICLE XIII Section 157. Apples; closed packages; definition. 158. Apples; adoption of grades; branding. 159. Sale of apples; presumption; rules and regulations. 160. Standard evaporated apples; definition; sale of regulated. § 157. Apples; closed packages; definition. The term "closed package," wherever used in this article, shall mean a barrel, box or other container, the contents of which cannot be adequately inspected without opening it. § 158. Apples; adoption of grades; branding. The commissioner is hereby authorized and empowered, after investigation and public hearing, to fix and promulgate official standards for grading and classifying apples packed or repacked within the state, and to change any of them from time to time. In establishing such standards he shall take into account the factors of maturity, soundness, color and shape. The official standards so fixed and promulgated shall not be lower in their requirements than the minimum requirements of the official standards for corresponding grades of apples as promulgated from time to time by the secretary of agriculture of the United States, which standards are commonly known as the "United States grades." Each closed package of apples, when sold, exposed for sale or transported for sale, shall be plainly and conspicuously branded to show: (1) Variety. (2) Grade. (3) Minimum diameter or numerical count. (4) Quantity of contents. (5) Name and address of packer or repacker. If the true name of the variety is not known to the packer or repacker, the statement shall include the words "variety unknown" in place of the name of the variety. In case the branding upon any closed package of apples is changed, the person making the change shall cancel the name and address of the original packer and substitute therefor his own name and address. § 159. Sale of apples; presumption; rules and regulations. 1. No person shall sell, expose for sale, or transport for sale, within this state, apples in closed packages which are not branded as required by section one hundred and fifty-eight and marked with the grade of the apples in conformity with the official standards and grades for apples established and promulgated by the commissioner under provisions of this article, or with the official standards of the United States commonly known as "U.S. grades," except apples in consumer containers of ten pounds or less packed in the store, the contents of which shall conform in variety, grade, and size to a bulk display in connection therewith. Such bulk display shall be plainly and conspicuously marked as to the grade, variety, minimum diameter or numerical count of the apples. 2. No person shall sell, expose for sale, or transport for sale, apples, either in open or closed packages, if the package containing 2 them or the label on them shall bear any statement, design or device regarding the apples which shall be false or misleading in any particular. 3. No person shall sell or offer for sale, or transport for sale, in either open or closed packages, apples packed in such a manner that the face or shown surface shall not be an average of the contents of the package. 4. When apples in closed packages are delivered to a common carrier for shipment, or delivered to a storage house for storage, such delivery shall be presumptive evidence that the apples are intended for sale. The commissioner shall adopt and promulgate such rules and regulations to supplement and give full effect to the provisions of this article as he may deem necessary. § 160. Standard evaporated apples; definition; sale of regulated. 1. Evaporated apples containing not more than twenty-four per centum of water or fluids shall be considered standard evaporated apples. 2. No person shall buy for resale, sell, expose or offer for sale as and for evaporated apples any evaporated apples intended to be used for food, or for consumption by any person, other than standard evaporated apples.