1. (1) Clean means practically free from sand, dirt or other foreign matter.
2. (2) Fresh and crisp means normal succulence for the variety.
3. (3) Bright means having a glossy shine.
4. (4) Broken skin means any unhealed broken skin or well healed broken skin more than ¼ inch in length or area.

5. (5) Injury, unless otherwise specifically defined in this section, means any defect which more than slightly detracts from the appearance, or the edible or shipping quality of the pepper. 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 injury.

   1. (i) Scars, when scattered over the surface and aggregating more than the area of a circle ⅝ inch in diameter or one scar ⅜ inch in diameter on a pepper 3 ½ inch in length and 3 inch in diameter, or correspondingly greater areas of scars on larger peppers.
   2. (ii) Sunburn, when causing discoloration which affects an aggregate area exceeding five percent of the surface of the pepper.

6. (6) The following defects are based on a pepper 3 ½ inch in length and 3 inch in diameter or greater areas on larger peppers.

   1. (i) Hail or similar marks when the skin is healed and the affected areas aggregate more than the equivalent of a circle ⅜ inch in diameter or a single area of ¼ inch.
   2. (ii) Bacterial spot when aggregating more than the area of a circle ½ inch in diameter.
   3. (iii) Insect when aggregating more than the area of a circle ⅜ inch in diameter including any encircling ring or a single area exceeding ¼ inch.
   4. (iv) Mechanical when aggregating an area more than ½ inch in diameter.
   5. (v) Pitting when aggregating more than the area of a circle ⅜ inch in diameter.

   6. (vi) Field frost when aggregating more than the area of a circle ⅜ inch in diameter.

      (c) Size.

7. (1) The diameter of each pepper shall be not less than 3 inch and the length of each pepper shall be not less than 3 ½ inch.

8. (2) Cubenelle and similar varieties: the diameter of each pepper shall be not less than 1 ⅝ inch and the length shall be not less than 5 ½ inch.

   (d) Color.

   Any lot of peppers which meets all requirements of this specification, except those relating to color, may be designated as Seal of Quality (red) if at least 90 percent of the peppers show any shade of red color, or as Seal of Quality (yellow) if 100 percent of the peppers show full yellow color.

   (e) Tolerances.

   In order to allow for variations incident to proper grading and handling the following tolerances, by count, are provided:

9. (1) For defects. Not more than a total of 10 percent of the peppers in any lot may fail to meet the requirements of the specification, but not more than ½of this amount, or five percent, shall be allowed for peppers which are seriously damaged, including therein not more than one percent for peppers affected by decay. Not less than 65 percent of the peppers shall be well shaped and no part of any tolerance shall be allowed to reduce for the lot as a whole the 65 percent requirement but individual containers shall have not less than 45 percent well formed peppers.

10. (2) For off-size. Not more than five percent of the peppers in any lot may fail to meet the minimum size for diameter or length.

    (f) 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:

11. (1) For packages which contain more than 20 peppers, 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.

12. (2) For packages which contain more than 20 peppers and a tolerance of less than 10 percent is provided, and for packages which contain 20 peppers or less, individual packages in any lot shall have not more than double the tolerance specified, except that at least one defective and one off-size pepper may be permitted in any package.

    (g) Packing.

    Peppers must be packed in new one bushel or 1 ¹/₉ bushel cartons or new one bushel baskets with covers or any other new standard container 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.

    (h) Markings.

    Each container of sweet peppers packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation. When lots are to be designated as “Red” or “Yellow” containers must be so marked.

(a) General.

New York State Seal of Quality sweet peppers shall be mature, green, sweet peppers of similar varietal characteristics which are firm, fairly well or well shaped, clean, fresh, crisp, bright and free from sunscald, freezing injury, unhealed broken skins, decay and free from injury caused by scars, hail or similar marks, sunburn, bacterial spot, insects, mechanical, pitting, field frost or other means.

(b) Definitions.