01-001 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY

1. DIVISION OF QUALITY ASSURANCE

Chapter 143: OFFICIAL STANDARDS FOR GRADES OF BUNCHED ITALIAN SPROUTING BROCCOLI DESIGNATED FOR USE WITH THE STATE OF MAINE QUALITY TRADEMARK

Summary:

This Chapter establishes standards of quality for Bunched Italian Sprouting Broccoli produced in Maine and designates the quality levels acceptable for use with the State of Maine Quality Trademark.

1. Official Standards

1. A. 7 M.R.S.A. §§ 442 and 443 authorizes the Commissioner of Agriculture to "establish and promulgate official grades and standards for farm products." Such official standards shall not be lower in their requirements than the minimum requirements and official standards for corresponding grades or classifications as promulgated by the Secretary of Agriculture of the United States. The Commissioner hereby incorporates by reference as the standards for grading of Bunched Italian Sprouting Broccoli the U.S. Standards for Grades of Bunched Italian Sprouting Broccoli, Sections 51.3555 - 51.3573 effective July 12, 1943 (Annex 1) of the U.S.D.A., Agricultural Marketing Service and designated as Maine Grades.
2. B. Definitions

   For the purpose of this Chapter, and unless the context otherwise indicates, the following words shall have the following meanings:

   1. 1. "Grades" means designated quality levels for Maine grades of Bunched Italian Sprouting Broccoli, Fancy, No. 1 and No. 2 that are established by the Commissioner.
   2. 2. "Licensed user" means individual producers or packers who have applied for and been issued a permit to use the official Quality Trademark on packages or advertisements in compliance with Chapter 135, Official Use of the State of Maine Quality Trademark (Annex 2).
   3. 3. "Permit number" means lot or permit number appearing on the package identifying the licensed user.
   4. 4. "Trademark" means a silhouette of the State of Maine as described in Section 11 of Chapter 135, Official Use of the State of Maine Quality Trademark.

II. Grades Adopted

1. A. Pursuant to 7 M.R.S.A. §442, the Commissioner hereby incorporates by reference the U.S. Fancy, U.S. No. 1 and U. S. No. 2 grades as outlined in Sections 51.3555 - 51.3573 (Annex 1) as Maine Fancy, Maine No. 1 and Maine No. 2 grades, respectively.

III. Quality Identification and Certification

1. A. Use of the word "Quality " shall be used to identify the multiple quality grades on packages bearing the State of Maine Quality Trademark.
2. B. No licensed user shall prepare for market, send to market, or have in their possession any broccoli in packages bearing the State of Maine Quality Trademark which have not been determined at point of origin by a duly authorized Federal-State Inspector to have met the standards required by this Chapter.

IV. Penalties

1. A. Any person who violates any of the provisions of the State of Maine Quality Trademark regulations will be subject to the penalty provisions as set forth by Department of Agriculture Rules 01-001, Chapter 135.

STATUTORY AUTHORITY: 7 M.R.S.A. §§ 442, 443

EFFECTIVE DATE:

September 3, 1990

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

CONVERTED TO MS WORD:

May 13, 2008

CORRECTIONS:

February, 2014 – agency names, formatting

CONVERTED DOCUMENT TO AN UPDATED VERSION OF WORD:

April 22, 2026

APAO ACCESSIBILITY CHECK (Word):

April 22, 2026