01-001 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY

1. OFFICE OF THE COMMISSIONER

1. Incorporation of Chapter 2

1. All provisions of the companion Rules titled "Procedures for Adoption of Market orders affecting Agricultural Commodities," 01-001, Chapter 2, Code of Maine Regulations, are incorporated herein.

2. Definitions

1. A. Stalk: Stalk means a portion of the broccoli plant including the stem, bud clusters, and leaves. individual stalks may be designated as "heads" or "shoots" as follows:
   1. 1. Read means a stalk of broccoli having a cluster of closely associated buds which is 2¼ inches or larger in diameter.
      1. 2. Shoot means a stalk of broccoli having bud clusters which fail to meet the requirements for a head.
   2. B. Bunch: Bunch means stalks bound together to form a unit. A single stalk may be considered a bunch if it is approximately as large as other bunches in the lot.
   3. C. Closely trimmed: Closely trimmed means that not more than a total of 5%, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.
   4. D. Well trimmed: Well trimmed means that not more than a total of 15%, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.
   5. E. Fairly well trimmed: Fairly well trimmed means that not more than a total of 30 percent, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.
   6. F. Leafy: Leafy means that more than 30 percent, but not more than 50 percent, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.
   7. G. Serious damage: Serious damage means any specific defect described in this definition; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance or the edible or marketing quality of the bunch. Without limitations of the foregoing, the following specific defects shall be considered as serious damage:
      1. 1) Discoloration of bud clusters, when the buds have a decidedly yellowish, brownish, or reddish cast which seriously detracts from the appearance of the bunch. A bluish or purplish cast over the green is often characteristic of good broccoli and shall not be considered as serious damage.
         1. 2) Discoloration of leaves, when the appearance of the bunch is seriously affected by discolored leaves or parts of leaves.
         2. 3) Hollow stem and stem texture shall not be considered serious damage.
   8. H. Diameter: Diameter means the average measurement across the bud cluster at the top of the stalk.
   9. I. Commercial fresh market: Commercial fresh market means any market for fresh broccoli unless specifically exempted by this Marketing order or 01-001, Chapter 2, Code of Maine Regulations. Markets shall include, but shall not be limited to, retail outlets, wholesale markets, and institutional markets, and shall exclude farm stands and other local markets that are supplied by local producers who normally market their broccoli in other than traditional commercial cartons.
   10. J. Persons affected: Persons affected shall include all producers who grow broccoli in Maine for sale to the commercial fresh market, except that persons growing two acres or less are exempt, provided they neither sell their broccoli to a packer nor market it in traditional commercial cartons.
   11. K. Handler: Handler means any person, except a common carrier, exempt carrier or contract carrier of agricultural commodities, who is engaged in packing, grading, selling, offering for sale, or marketing broccoli, or who as owner, agent or otherwise ships or causes to be shipped any broccoli.

L. Lots: Lot means any number of cartons of broccoli located in the same conveyance, warehouse, packing house or on the same dock or platform and which are segregated from the next lot for purposes of shipments, storage, or sale.

1. M. Fresh broccoli: Fresh broccoli means broccoli marketed for the purpose of consumption as fresh (not processed) product.

3. Broccoli Packing, Grading and Labeling Standards

A. All broccoli packed in the State of Maine for the commercial fresh market shall:

1. 1) Comply with the packing, grading, and labeling standards set forth herein. Note: Broccoli which has been packed, whether or not shipped, is subject to inspection and must comply with the requirements of the market order.
   1. 2) Be packed in waxed, corrugated cartons with a label prominently bearing the contents and including the legible name and address of the person responsible for compliance with the Market Order.
      1. 3) meet or exceed the standards for Maine Premium grade as herein defined.
   2. B. Standards for Maine Premium grade broccoli shall be as follows:
      1. 1) General - Must be packed in bunches within cartons. Each bunch shall be free from decay and from damage caused by overmaturity, insects, and from serious damage caused by discoloration of bud clusters or leaves, freezing, wilting, dirt or other foreign material, disease, or mechanical or other means. Each bunch shall be fairly well trimmed unless the carton is otherwise specifically labeled as closely trimmed, or well trimmed, or leafy - in which case the contents shall be as indicated on the carton.
         1. 2) Size Specifications

            There are no requirements for diameter length, but size may be specified on the carton. If it is, the content shall be in conformity with the label and in accordance with the following:

         2. a) Diameter. The terms heads and shoots may be used to designate size of stalks. If heads and shoots are mixed, the percentage, by weight, of heads contained in the lot may be specified.

            The minimum or maximum diameter, or both, in terms of inches and quarter inches, may be specified for the lot as a whole or for a certain percentage, by weight, of the lot; for example: "2 inches minimum", or "50 percent 3 1/4 inches or larger", or "75 percent 2 1/2 inches or larger".

         3. b) Length. The minimum or maximum length, or both, in terms of inches or half inches, may be specified on the carton in accordance with the contents, for example, "7 inches minimum length", or "6 1/2 to 8 1/2 inches long".
         4. 3) Tolerances: In order to allow for variations incident to normal grading and handling, the following tolerances are allowed as specified:
         5. a) By Lot
         6. (1) For defects. Ten percent for bunches in any lot which fail to meet the requirements of the grade, including therein not more than 2 percent for bunches which are affected by decay. Percentages shall be determined on the basis of count, except that when bunches are not fairly uniform in size, percentages shall be determined on the basis of weight.
         7. (2) For size. 1. Ten percent, by weight, for stalks in any lot which fail to meet the size requirements of the grade or any sizes specified on the carton for length and diameter.

            When a percentage of the broccoli in a lot is specified to be heads or of a certain diameter and larger, the lot must meet the size as specified except that a tolerance of 15 percentage points may be applied to individual samples.

         8. b) By sample [Carton]
         9. (1) When the allowable tolerance for a lot is 10 percent or more, individual cartons in any lot may contain not more than one and one-half times the tolerance specified, except that when the carton contains 15 bunches or less, individual cartons may contain not more than double the tolerance specified: Provided, that the averages for the entire lot are within the tolerances specified for the grade.
         10. (2) When the allowable tolerance for a lot is less than 10 percent, individual cartons in any lot may contain not more than double the tolerance specified: Provided, that at least one bunch which does not meet the requirements shall be allowed in any one carton. And provided further, that the averages for the entire lot are within the tolerances specified for the grade.
         11. 4) Specialty packs. Specialty packs such as non-bunched shoots or crown cuts and florets are permitted provided that they are appropriately identified on the carton and shall be subject to all standards except that they shall be exempt from all stalk length and bunching requirements.
         12. 5) Icing. Prior to loading on a transport vehicle destined to the market, all broccoli will be packed in adequate amount of ice; in the case of a 25 pound carton, there shall be a minimum of 15 pounds of ice and a proportional amount for other size cartons.
   3. C. Sampling Plan. For inspection and compliance purposes, tolerances shall be determined with respect to a sample lot by sampling at random as follows:

      Number of cartons in lot Number of cartons examined

      1. 0-400 a minimum of 4
         1. 401-500 a minimum of 5

            501-600 a minimum of 6

            601-700 a minimum of 7

            701-800 a minimum of 8

            801-900 a minimum of 9

            901-1000 a minimum of 10

         Add 1 sample for each 100 cases or part thereof.

   4. D. In cases of unusual or unanticipated market situations, the Commissioner may grant individual waivers from specified provisions of this section (3.), provided a waiver will not adversely affect the intent of the Market Order or the best interest of the broccoli industry. A waiver may be granted to an individual or firm upon written application to the Commissioner and shall be for such time period and on such conditions as the Commissioner may specify. Before granting a waiver, the Commissioner shall solicit the recommendations of the Marketing Committee, where practicable, and in any event, shall solicit the recommendation of the Chairman of the Committee.

4. Broccoli Marketing Committee

1. A. Membership. The Broccoli Marketing Committee shall consist of 6 members.
   1. 1) - Two members shall be broccoli producers.

- Two members shall be broccoli handlers who, in the preceding season, bought and packed broccoli and offered it for sale from the state of Maine.

1. - One member shall be chosen by the producer and handler members.
   1. - One member shall be the Commissioner or his designee from the Department who shall serve ex-officio in an advisory, non-voting capacity.
      1. 2) The Commissioner may, upon advice of the Marketing Committee, increase the membership and provide for geographic representation of Committee members through rule-making procedures in accordance with the Administrative Procedure Act.
   2. B. Initial Appointments. The initial Committee shall be comprised of the identical membership of the marketing committee of the Broccoli Marketing order that this Marketing Order replaces. Each Committee member shall continue to carry out the term of office of his respective appointment.
   3. C. Duties and responsibilities. The duties and responsibilities of the Committee shall be as defined in 01-001, Chapter 2, Code of Maine Regulations.

5. Effect on the Previous Market Order

1. This order is intended to replace, 01-001 Code of Maine Regulations Chapter 40.

   If this order is not ratified by referendum, 01-001 Code of Maine Regulations Chapter 40 remains in effect.

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

EFFECTIVE DATE:

July 27, 1983

AMENDED:

August 23, 1986

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