Apples

(1) Establishments of Official Grades. The Department adopts the United States Standards for Apples, established by the United States Department of Agriculture at 7 CFR 51.300 et seq., as the "Massachusetts Grades of Apples". (2) Marking of Apples. (a) Each package of apples packed or repacked within the Commonwealth of Massachusetts and intended for sale within the Commonwealth shall be marked at the time of packaging with the official grade designation applicable to the contents of the package as identified in the "Massachusetts Grades of Apples". This identifying grademark shall be preceded by the words "United States" or the letters "U.S". (b) Specialty packages or mixed varieties of apples of U.S. Fancy Grade or better shall list the varieties or use the term "mixed varieties" in the grademark. (c) All closed master cartons or other packages closed by any means of fastening shall be labeled with the same markings as on the packages within, and the number of packages in the carton. (3) Controlled Atmosphere Storage. (a) No Person shall own or operate a controlled atmosphere room or storage building in the Commonwealth of Massachusetts or package or repackage apples represented as exposed to controlled atmosphere or modified atmosphere and intended for sale in the Commonwealth of Massachusetts unless registered with the Department and assigned a registration number or registered with another state and assigned a registration number pursuant to laws or regulations at least as stringent as M.G.L. c. 94, § 109. (b) Upon receipt of a completed application, the Department may register an applicant and assign a registration number preceded by the letters, "Mass. C.A.". Each registration shall expire on July 31st following the date of issuance. (c) All registrants, whether registered by the Department or by another state, shall: 1. clearly mark all containers or apples represented as having been exposed to controlled atmosphere or modified atmosphere with the Controlled Atmosphere number assigned by the Department; 2. determine and record the percentage of oxygen in the controlled or modified atmosphere storage room daily; and 3. ensure that the percentage of oxygen shall be reduced to 5% within 20 days of the date of sealing the container.