1. (1) Similar varietal characteristics means that the berries are similar in color and shape.
2. (2) Clean means that the individual berry is practically free from dirt, grass or other foreign material.
3. (3) Well-colored means that more than one-half of the surface of the individual berry is blue, bluish-purple, purple, or bluish-black.
4. (4) Overripe means that the individual berry is overmature soft and past commercial utility.
5. (5) Wet means that the individual berry is wet from juice from crushed, leaking or decayed berries.

6. (6) Injury means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which more than slightly affects the appearance or the edible or marketing quality of the blueberries. The following specific defects shall be considered as injury:

   1. (i) berries which are not clean;
   2. (ii) clusters when there are three or more joined capstems with at least one berry attached;
   3. (iii) berries with stems attached;
   4. (iv) russeting when readily noticeable;
   5. (v) scales when readily noticeable;
   6. (iv) scars when readily noticeable; and
   7. (vii) berries which are not well colored.

7. (7) Damage means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially affects the appearance, or the edible or marketing quality of the blueberries. The following specific defects shall be considered as damage:

   1. (i) broken skins when caused by stem cracks, bird tears, water splits, punctures, or mechanical means;
   2. (ii) green berries when one-half or more of the berry is green;
   3. (iii) wet berries;
   4. (iv) shriveled when the skin is wrinkled and the shape of the berry is distorted; and
   5. (v) overripe berries.

8. (8) Serious damage means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously affects the appearance, or the edible or marketing quality of the blueberries. The following specific defects shall be considered as serious damage:

   1. (i) decay;
   2. (ii) moldy berries;
   3. (iii) mushy berries;
   4. (iv) mummified berries; and

   5. (v) when any insect larva is present or there is other visible evidence of the presence of any insects.

      (c) Grade.

      New York State Seal of Quality blueberries shall be of similar varietal characteristics which are clean, well colored, not overripe, wet, or affected by decay; provided, that defective berries are within the allowances specified. Count shall not exceed 189 berries per ½ pint.

      (d) Size.

      The following size classifications may be used in specifying size of blueberries in connection with the grade.

9. (1) Extra large—Less than 90 berries per standard ½ pint.
10. (2) Large—90 to 129 berries per standard ½ pint.

11. (3) Medium—130 to 189 berries per standard ½ pint.

    (e) Tolerances.

12. (1) Defects. In order to allow for variations incident to proper grading and handling, based on sample inspection, the number of defective specimens in the individual sample, and the number of defective specimens in the lot, shall be within the limitations specified.

    No. of samples	Total berries	Total defects (including serious damage and injury)	Damage (including serious damage)	Serious damage (including decay)
    6	600	56	25	3
    8	800	73	32	4
    10	1,000	90	39	5
    12	1,200	106	46	6
    15	1,500	130	56	7
    18	1,800	154	66	8
    Total defective berries permitted in individual 100 berry sample	13	7	1

13. (2) Off-size. In order to allow for variations incident to proper sizing not more than 10 percent of the samples in any lot or one sample, whichever is the greater number, may fail to meet the range in count specified for one of the size classifications or the maximum count specified.

    (f) Sampling.

    100 berry sample	Lot size
    6	6–300	12–pint flats
    8	301–600
    10	601–900
    12	901–1,200
    15	1,201–1,500
    18	over 1,500

    (g) Packing.

14. (1) Blueberries shall be packed in new 12-1 pint flats or other new standard packaging subject to approval by the Department of Agriculture and Markets, which should include name and address of grower, packer or shipper and volume. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

15. (2) In addition to the marking requirements mentioned above blueberries packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

    (h) Markings.

    Containers of blueberries packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

(a) General.

These standards apply only to selected and hybrid varieties of the high-bush blueberry (Vaccinium australe Small and Vaccinium corymbosum L.) produced under cultivation, but not to other species of the genus Vaccinium nor to the true huckleberries of the genus Gaylussacia.

(b) Definitions.