01-001-26 Me. Code R. § 3

Current through 2025-03, January 15, 2025
Section 001-26-3 - Blueberry Packing, Grading and Labeling Standards
A. All blueberry handlers shall comply with the packing, grading and labeling standards set forth herein for all consumer packs of blueberries packed or otherwise handled by them.
B. Consumer packs of blueberries may not be held, stored, shipped or sold by blueberry handlers except with a label or labels prominently bearing the designation "Wild Maine Blueberries" and including the legible name and address of the handler or dealer and a conspicuous statement of the Maine Grade A, as provided below, of the blueberries therein.
C. All packed blueberries shall meet or exceed the standards established in this Market Order for Maine Grade A.
D. For purposes of the standards set forth herein, the following terms shall have the following meanings:
1. Clean means that the individual berries are free from dirt, grass or other foreign materials.
2. Well-colored means that not more than one-fourth of the surface of the individual berries is green.
3. Overripe means that individual berries are overmature and soft.
4. Wet means that individual berries are wet from blueberry juice or water moisture of any kind except natural condensation forming within the blueberry package.
E. All "Maine Grade A" blueberries shall meet the following requirements:
1. Except as allowed under the tolerances hereinafter provided, all blueberries shall be clean, well colored, not overripe, not wet, not affected by decay, and not containing defects or foreign materials of any kind.
2. "Maine Grade A" blueberries shall not exceed any of the following tolerances:

Defect Type Tolerance (count per sample pint)
(a) sticks, leaves and other foreign materials, except as provided in (i) below 2
(b) green berries (where more than one-fourth of the surface is green) 5
(c) broken skins, when caused by stem cracks, bird tears, punctures, or other means 10
(d) shriveled skins when the skins is wrinkled and the shape of the berry is distorted 10
(e) clusters (three or more berries not more than linked together one cluster
(f) wet berries, including water splits or crushed berries 20
(g) other foreign berries commonly known as hog berries, bunch berries, chokeberries, chokepear or any other edible berry other than blueberries 2 (in the aggregate)
(h) decayed, moldy, or mummified berries one of each
(i) insects none visible

F. For inspection and compliance purposes, tolerances shall be determined with respect to a single lot of blueberries by sampling at random as follows:

Number of U.S. Pints (or equivalent) in Lot Number of Pint Samples Taken
up to 1,800 4
1,801 - 3,600 6
3,601 - 7,200 8
7,201 - 10,800 10
10,801 - 14,400 12
14,401 - 18,000 15

G. Individual pint samples taken shall have not more than one and one-half times any specified tolerance for Maine Grade A, provided that the averages of samples for the entire lot are within the tolerances specified for the grade. Where tolerances are exceeded as shown by sample, none of the lot shall be shipped, sold or offered for sale unless reworked by the handler and reinspected by an inspector of the Department.

01-001 C.M.R. ch. 26, § 3