Marketing

FROM: Richard Hoyle, Program Administrator

RE: MARKING REQUIREMENTS FOR APPLE AND PEACH CONTAINERS

A.Rules and Regulations: "All closed containers in which apples and peaches are sold, packed for sale, exposed for sale, or offered for sale, shall clearly and conspicuously be marked immediately after the containers are closed in accordance with the following regulations:"

1.The name and address (including zip code) of grower, packer, shipper, or distributor must be shown on the principal display panel.

2.The name of the product must be shown on the principal display panel.

3.The variety of apples must be shown; however, it may be shown on the principal display panel or on the bag closure. The words "Variety Unknown" may be used in lieu of the variety on containers in which apples are packed that are normally marketed during the summer months and meet the grade U.S. No. 1, Early.

4.The variety of peaches must be shown on the principal display panel. The words "Clingstone Peaches", "SemiClingstone Peaches", or "Freestone Peaches", as applicable, may be used in lieu of variety.

5.The net weight must be shown on the lower thirty percent of the principal display panel and must be shown in pounds and ounces, as; 48 oz. (3 lbs.), on all containers of less than four (4) pounds or more than one (1) pound. Volume measure may be shown on larger containers in lieu of net weight.

6.The minimum size must be shown on the principal display panel; however, when fairly uniform size apples or peaches are packed in a container and sold by count, count may be used in lieu of net weight and minimum size markings. However, overwrap packages that contain six or less apples or peaches that are fully visible to the purchaser need not include a statement of count.

7.Apple containers must show the applicable U.S. Grade on the principal display panel or be marked "Unclassified," Not Graded," or "Grade Not Determined." State grades shall not be shown without corresponding U.S. Grades. Peach containers are not required to show grade markings; however, when grade is shown, the product must meet that standard.

B.Inserts may be used only where the outer wrapper is fully transparent (No printing of any type on the wrapper) and the printed information on the insert can be clearly read through the wrapper. We recommend that inserts be not less than 5 inches long and 3 inches wide and all of the information be shown on both sides of inserts to insure visibility.

C."SplitLabeling" is not allowed, except for "Variety" which may be shown on the bag closure. All other markings and lettering must be shown on the principal display panel.

D.Exemptions: All gift packages containing four or more different fruits are exempt from marking requirements.

E.Definitions:

1."Principal display panel" is defined to mean that part of a label, bag insert, or other container that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

2."Fairly uniform size" is defined to mean not more than 1/4 inch variation between the diameter of the smallest and the largest apple in the package.

3."Closed container" is defined to mean any container on which the customary top, lid, or other covering has been placed or any other container or wrapping in which apples or peaches are enclosed for use in delivery, display, or sale of the commodity.

4."Deception" is defined to mean (a) any false representation or misleading statement printed, stamped, labeled, branded, or attached to any open or closed receptacle designating the name or product, variety, count, size, quality, condition, or grade of the product, or (b) when the face, top layer, or exposed portion of the contents of any open or closed container is not representative of the remaining portion of the receptacle as to variety, count, size, color, quality, condition, or grade.

5."Mature" is defined as follows: apples shall be deemed mature when the soluble solids of Red Delicious or Delicious are not less than 9.5 and Golden Delicious are not less than 10.5 as determined by use of an NCDA approved standard refractometer calibrated to zero with distilled water; and when the firmness of Red Delicious or Delicious does not exceed 20 pounds and of Golden Delicious does not exceed 19 pounds, as determined by an NCDA approved pressure tester. The tests detailed in this Rule when administered by an approved NCDA official will constitute the final decision of the Department of Agriculture. In case of extreme weather condition, the Commissioner of Agriculture, upon request of the Board of Directors of the N.C. Apple Growers Association, may adjust the percent soluble solids and pounds of firmness criteria.

Please advise any supplier from whom you purchase containers of the requirements. We will be glad to send any supplier a copy upon request.

For additional information, contact Richard Hoyle, Division of Marketing, N.C. Department of Agriculture, P.O. Box 27647, Raleigh, NC 27611, Telephone: (919) 733-7576. richard.hoyle@ncmail.net