01-001 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY

1. OFFICE OF THE COMMISSIONER

1. Definitions and Exemptions

1. Provisions of the Rules for Adoption of Market Orders Affecting Agricultural Commodities, 01-001 of Maine Regulations Chapter 2, are incorporated herein with the following additions and/or revisions:
   1. A. Definitions

1. Blueberries means fresh wild blueberries packed in Maine for the fresh market in consumer sizes (up to and including one-quart containers), subject to the exemptions in Subsection B below.

1. 2. Blueberry handler means any person or organization (including cooperatives) engaged in packing blueberries for the fresh market, subject to the exemptions in Subsection B below.
   1. 3. Persons affected, for purposes of this Market Order, shall be all non-exempt blueberry handlers.
   2. B. Exemptions. The Market order shall not apply to any of the following:
      1. 1. Exemptions Related to Volume and Market Area
         1. A. Blueberry handlers who, in a calendar year, pack fewer than 5000 pints, or the equivalent in other consumer-size containers.
         2. B. Blueberry handlers who, in a calendar year, pack more than 5000 pints, or the equivalent in consumer-size containers, but market fewer than 5000 pints beyond a 75 mile radius of their packing operation.
         3. 2. Organically-grown blueberries which are so described and labeled on the pack.
   3. C. Marketing Committee. There shall be six members of the Fresh-Pack Blueberry Marketing Committee. One member shall be the Commissioner or his designee who shall be an ex officio, non-voting member of the Committee.

2. Blueberry Assessment

1. In order to pay the costs of carrying out the Order, the rate of assessment shall be established and may be amended from time to time by the Commissioner in accordance with Chapter 2. For purposes of the year 1987, beginning with the effective date hereof, the assessment shall be set at $.0075 per pint or equivalent of blueberries marketed in consumer packs by blueberry handlers. Payments of the amount of assessment due shall be made by each blueberry handler not later than October 1 of each calendar year, with payment based upon blueberries marketed during that marketing year.

3. Blueberry Packing, Grading and Labeling Standards

1. 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.
   1. 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.
   2. C. All packed blueberries shall meet or exceed the standards established in this Market Order for Maine Grade A.
   3. D. For purposes of the standards set forth herein, the following terms shall have the following meanings:
      1. 1. Clean means that the individual berries are free from dirt, grass or other foreign materials.
      2. 2. Well-colored means that not more than one-fourth of the surface of the individual berries is green.
      3. 3. Overripe means that individual berries are overmature and soft.
      4. 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.
   4. E. All "Maine Grade A" blueberries shall meet the following requirements:
      1. 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. 2. "Maine Grade A" blueberries shall not exceed any of the following tolerances:

         Defect Type Tolerance

         (count per sample pint)

      3. (a) sticks, leaves and other foreign materials,

         except as provided in (i) below 2

      4. (b) green berries (where more than one-fourth of the surface is green) 5
      5. (c) broken skins, when caused by stem cracks, bird tears, punctures,

         or other means 10

      6. (d) shriveled skins when the skins is wrinkled and the shape of the

         berry is distorted 10

      7. (e) clusters (three or more berries not more than linked together one cluster
      8. (f) wet berries, including water splits or crushed berries 20
         1. (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)

      9. (h) decayed, moldy, or mummified berries one of each
      10. (i) insects none visible
   5. 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

1. up to 1,800 4
   1. 1,801 - 3,600 6
      1. 3,601 - 7,200 8
         1. 7,201 - 10,800 10

            10,801 - 14,400 12

            14,401 - 18,000 15

   2. 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.

4. Mandatory Inspection

1. A. Blueberry handlers shall not ship, sell or offer for sale blueberries in consumer packs, except following official inspection by a representative of the Department and the issuance by that representative of a federal/state inspection certificate or affixing a seal to the lot of blueberries so inspected. Blueberries which fail to meet grade requirements, as determined by the inspector, shall not be shipped, sold or offered for sale in consumer peeks on the fresh market until reworked by the handler and reinspected by the inspector.
   1. B. In order to arrange for inspections, blueberry handlers shall give adequate notice to the Division of Quality Assurance at the Department or otherwise to the Department's authorized inspector. Inspection dates and times shall be scheduled by arrangement with the inspector involved.
   2. C. All inspections shall be charged at a fee to the blueberry handler requesting the same. The fee shall be established by the Commissioner to cover the personnel, travel and administrative costs of running the inspection program. for blueberries. These fees may be established as an hourly rate or on a per-inspection or per-inspected-unit basis, with a premium rate to be charged for inspection time requested at other than ordinary business hours. The Commissioner shall solicit recommendations from the Blueberry Marketing Committee in establishing inspection fees and shall send advance written notification of such fee rates to blueberry handlers who participate in the referendum or otherwise request the same. Inspection fees billed by the Department shall be paid promptly, not more than 30 days following the date of billing. inspections will be suspended for any handler who does not make timely payment of fees billed.

STATUTORY AUTHORITY: 7 M.R.S.A. §§ 421-430.

EFFECTIVE DATE:

February 2, 1987

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

CONVERTED TO MS WORD:

August 15, 2005

CORRECTIONS:

February, 2014 – agency names, formatting

CONVERTED DOCUMENT TO AN UPDATED VERSION OF WORD:

April 17, 2026

APAO ACCESSIBILITY CHECK (Word):

April 17, 2026