1. (1) New York State Seal of Quality peaches shall be peaches of one variety which possess a desirable market appearance, are mature, not soft or over-ripe, but not further advanced than generally firm at time of pack, clean, well formed, and which are free from decay, growth cracks, cuts which are not well healed, worms, worm holes, and gum spots and free from damage caused by bruises, bacterial spot, scab, scale, hail or similar leaf or limbrubs, split pits and sunburn or sprayburn, other disease, insects, or mechanical or other means.
2. (2) In addition to the above requirements 75 percent, by count, of the peaches in any lot shall have not less than one-fourth of the surface showing blushed pink or red color.

3. (3) In order to allow for variations incident to proper grading and handling, not more than 10 percent, by count, of the peaches in any lot may fail to meet the requirements or the specification but not more than ½ of this amount, or five percent shall be allowed for defects causing serious damage, and not more than ¹/₅ of this amount, or one percent shall be allowed for decay.

   (b) Definitions.

   Clean means that peaches are practically free from sand, dirt or other foreign material.

   (c) Size.

4. (1) Peaches shall have a minimum diameter of 2 ¼ inches.
5. (2) Diameter means the shortest distance measured through the center of the peach at right angles to a line running from the stem to the blossom end.

6. (3) In order to allow for variations incident to proper sizing, not more than 10 percent, by count, of peaches in any lot may be below 2 ¼ inches in diameter, and not more than 15 percent may be above any specified maximum size.

   (d) Application of tolerances.

7. (1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than 1 ½ times the tolerance specified. For packages which contain more than 10 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one peach which is seriously damaged by insects or affected by decay may be permitted in any package.

8. (2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the percentages of defects, provided that not more than one peach which is seriously damaged by insects or affected by decay may be permitted in any package.

   (e) Packing.

   Peaches must be packed in new cartons approximating one bushel capacity, eight-quart baskets or ½ bushel and bushel baskets with covers or other new standard packaging subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

   (f) Containers and markings.

9. (1) Containers must be marked as to numerical count or minimum diameter, name and address of grower, packer or shipper and labeled with the official seal designation.
10. (2) Containers must be reasonably free from sand, dirt or other foreign material.

(a) General.