When varieties or grades of fresh fruits or vegetables are not available in unpackaged form and the same are being offered for sale at retail in packaged form, upon customer request a package of fresh fruit or vegetables of the same variety and grade being offered shall be opened to provide any small quantity of fresh fruits or vegetables which the customer desires.
N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 272-3.2