1. (1) Similar varietal characteristics mean that the ears in any package have similar kernel color and character of growth. Ears of white and yellow corn shall not be mixed in the package.
2. (2) Well trimmed means that the ears are practically free from loose husks and that the shank shall be not more than four inches in length and not extend more than one inch beyond the point of attachment of the outside husk.
3. (3) Well developed means that the ears are fairly straight and are not stunted. Nubbins are not well developed ears.
4. (4) Rust injury means when the aggregate area on the husk exceeds one square inch, or when the rust extends deeper than two layers of husks.
5. (5) Plump and milky means that the kernels are well developed and the contents have a milky or creamy consistency.
6. (6) Well filled means that the edible quality or appearance of an ear is not affected to a greater extent than that of an ear six inches in length which has ¾ at tip end with undeveloped kernels or open spaces.
7. (7) Fresh means that the husks have good green color and are not wilted.

8. (8) Damage means any defect which materially affects the appearance, or the edible or shipping quality of the ear. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

   1. (i) discoloration caused by frost or spray burn, or similar types of discoloration when affecting an aggregate area of more than five square inches on the husk, or when exceeding an aggregate area of 50 percent of the surface of all blades attached to the husk;
   2. (ii) worm injury when extending more than 3/4 inch from the tip of an ear six inches in length (proportionately greater or lesser amounts permitted on longer or shorter ears, respectively) or when affecting the kernels or husks on other parts of the ear;
   3. (iii) mechanical damage when more than eight kernels are crushed or broken; and
   4. (iv) birds, if more than eight kernels are discolored or punctured or if the husks have been penetrated in more than two areas.

9. (9) Fairly well covered means that the husk enclosing the ear is fairly tight and undisturbed except that an opening may have been made at the tip: provided, that the disturbed part has been properly replaced so that the appearance of the ear is not materially affected.

   (c) Quantity.

   The number of ears of corn in any package may be specified by count or in terms of dozens or half dozens. Variation from the number specified shall be permitted as follows: provided, that the average for the lot is not less than the number specified nor more than two ears greater than the number specified.

   Specified number per package	Variation permitted in individual packages
   60 ears or less	three ears under count, five ears over count
   More than 60 ears	four ears under count, six ears over count

   (d) Tolerances.

   In order to allow for variations incident to proper grading and handling, the following tolerances by count shall be permitted:

10. (1) For defects. Ten percent, by count, in any lot for ears of corn which fail to meet the requirements of the specifications, included therein not more than five percent serious damage including therein not more than one percent for decay and two percent having worms present.

11. (2) For off-size. Five percent, by count, in any lot for ears of corn which fail to meet the requirements as to length of cob.

    (e) Application of tolerances.

    The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations: provided, that the averages for the entire lot are within the tolerances specified:

12. (1) For a tolerance of 10 percent or more, individual packages in any lot may contain not more than one and one-half times the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package.

13. (2) For a tolerance of less than 10 percent, individual packages in any lot may contain not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package.

    (f) Packing.

    Sweet corn must be packed in new wire-bound crates or other standard containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

    (g) Markings.

    Each container of sweet corn packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

(a) General.

New York State Seal of Quality sweet corn shall be sweet corn that has similar varietal characteristics which are well trimmed, well developed, and which are free from smut, worms and decay and free from injury caused by rust and free from damage caused by discoloration, birds, other insects, other disease or mechanical or other means. Cobs shall be well filled with plump and milky kernels and fairly well covered with fresh husks. The length of each cob shall be not less than six inches and the ears shall not be clipped.

(b) Definitions.