Ezzell, Austin B.

Royer, Edwin J.

English

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AGRICULTURAL EXTENSION SERVI THE OHIO ST ATE UNIVERSITY Bulletin 418 Labeling Fruits and Vegetables for sale in Ohio Edwin J. Royer Extension Spec1altst fruit und Veqetable Marketing by Austin B. Ezzell Extension Specialist food Merchonc.l1sing Selling fruits and vegetables in packages of vm·ious Rizes and packaging materials has increased rapidly at roadHide markets and in retail food stores in recent years. Thhl has resulted in a need for more information about legal labeling of these products in the different kinds of packages that growerH and other Yendt>rs have found their customers prefer. This publication is an effort to provide this needed informa-tion. During the development of the following questions and an-swers about Ohio labeling lawg the author;,i consulted frequently with Wesley Windi8ch, Chief, Bureau of Markets, Ohio Department of Agriculture, and others on his staff. The material in thh; publica-tion, therefore, should provide growers and venders with the legal information they need in labeling packages of fruits and vegetable8 that they offer for sale. Questions and Answers on Rules and Regulations Governing Grading and Labeling of Fruits and Vegetables Packed for Sale in Ohio 1. Q: What i8 the purpo,qe of thr Ohio Fndt and Vegetable law? A: To prevent fraud and deception in the branding of fresh fruits and vegetables grown, packed or offered for sale in containers within the state of Ohio. 2 2. Q: Who is responsible /01· the e11f01·cement of fhP Ohio Fruit and Vegefoble la u·? A: Enforcement of this law is through authorized agents of the Ohio Bureau of Markets, a division of the Ohio Depart-ment of Agriculture. Preferably, enf01·cement is informa-tional in character and the inspectors will render helpful assistance in im;tances where information is desired. The Jaw provides that willful violators and fraudulent operators will be prosecuted, however, according to the facts of the case. For further information, contact Wesley Windisch, Chief, Bureau of Market8, 710 State Office Building, Colum-bus 15, Ohio. 3. Q: What f/l'ade standal'd.~ ore 1rnrd for frnif,'{ and 1·rr1rtr1hlrs packaged for sale in Ohio? A: Federal grades for fresh fruits ancl vegetables existing on October 15, U'l49 are the official grades in the state of Ohio and will be applied under the terms of the Ohio Fruit and Vegetable law if the grower or packer marks the grade of his product. However, the Director of the Ohio Department of Agriculture may promulgate additional grades for fresh fruits and vegetables. U. S. Standards as recommended by the U. S. Department of Agriculture and approved by the Congress of the United States are the legal bases for grarles of nearly all agricultural commodities. Any changes in the U. S. Standards arc published in the Federal Register. Different terms are used to designate the grades of var-ious fruits and vegetables. There are specific laws relating to the labeling of apples, peaches. potatoes, and dry onions packed or offered for sale in Ohio. Legal grades provided for these producb:; are: Apples-U. S. Extra Fanc;v, Combination U.S. Extra Fancy and U. S. Fancy, U.S. Fancy, Combination U. S. Fancy and U. S. No. 1, U. S. No. 1, U. S. No. l Cookers, U.S. No. 1 Early, Combination U.S. No. 1 and U. S. Utility, U. S. Hail gracle, Ohio Domes-tic grade, and Culls. Peachel'J--U. S. Fancy, U. S. Extra No. 1, U. S. No. 1, U. S. No. 2 and Unclassified. Potatoes-U. S. Fancy, U.S. No 1, U.S. Commercial, U.S. No. 2, and Unclassified. Onions, dry-U. S. No. 1, U. S. Combination, U. S. No. 2 and Unclassified. 3 OnionH-(Other than Bermuda-Granex and Creole types)-U. S. No. 1, U.S. Commercial, U.S. No. 1 Boilers. U. S. No. 1 Picklers, U.S. No. 2, and Unclassified. ,!_ Q: Trlwt [Jtodes other than fedrrul grades are legal for fruits and vegetablrs pucked or .~old tn Ohio? A: Ohio Domestic is an additional grade for apples and Ohio Commercial is an additional grade for tomatoes packed or sold in Ohio. The law provides that changes or additions to Ohio grades will be published under the Standard Pro-cedures act and are on file with the Secretary of State. 5. Q: I.s the designation "Growers Gmde" legal for f;·uUs and ccgetables [Jron·n in Ohio and packed for sale? A: No. This grade designation was legally discontinued upon the passage of the Ohio Fruit and Vegetable law, October 15, 1949. 6. Q: FVhat information must be shown on each container of apples in order to meet requirements of the Ohio Apple Labeling laze? A: Apples must be labeled and each open or closed container ·which is offered or transported for sale (except those en-route for further processing) shall be labeled with the fol-lowing information: 1. Name and address of the grower or packer (includes anyone who pre-packages for retail sale). 2. Grade 3. Variety 4. Minimum size 5. Net weight or numerical count (NOTE: Except apples packed in a container built in accordance with specifications of the Federal Standard Con-tainer act). 7. Q: What does the Ohio Apple Labeling law provide that is dif-ferent from U.S. Standards fo1· Apples? A: Two grade classifications were substituted for applies listed as "Unclassified" in the federal U. S. Standards for Apples; namely, "Ohio Domestic" and "Culls." "Ohio Domestic" 4 grade is provided for apples which with few exceptions meet the requirements of the U.S. Utility grade. This grade was designed for apples that normally are packed and sold for immediate consumption rather than for storage pur-poses. Any lot or quantity of apples which does not meet the requirements of the U.S. Standard grades or "Ohio Domes-tic" must be labeled "Culls" with letters at least 21;(, inches high when sold for purposes other than processing: If sold for processing or in bulk from a truck or stand, only one "cull" sign is necessary. The term "Unclassified" thus ii:i not a legal designation for apples offered for sale in Ohio. 8. Q: What grades and labels are legal for apples packaged in of her states anrl sold h1 Ohio? A: If apples are graded and labeled according to the legalized grades of the state of their origin and approved as stated in the two previous questions by the Ohio Bureau of Mar-kets, they may be sold without any further grading or label-ing. (NOTE: This is true if apples are sold in the original container. If apples are repacked for sale, they must be labeled according to U. S. Standards and grades approved by the Ohio Bureau of Markets.) 9. Q: Do all the foregoing provisions apply to all. sales of apples in Ohio? A: No. Apples sold and delivered by the producer to the con-sumer on the premises where produced are not subject to the Ohio Apple Labeling law. 10. Q: What inf orrnation is required on containers fM other fruits and vegetables packed in Ohio? A: Onions, dry-Full name and address of grower or packer, the grade, and net contents by weight or numerical count, except when packed in a standard container built in accord-ance with specifications of the Federal Standard Container act. Potatoes-Full name and address of grower or packer, the grade, and net contents by weight or numerical count, ex-cept when packed in a standard container. A 1961 ruling by the Food and Drug Administration requires that if a post-harvest sprout inhibitor is used in storage or potatoes 5 are washed in water in which such material i8 placed, a marking on the package should read: " I trade name of the material) used to inhibit sprouting." This ruling applies on consumer-sized packages shipped loose. If they are shipped in master bags, the wording on the master container is sufficient and the individual packages when displayed for sale do not need to be labeled. (NOTE: Enforcement of the sprout inhibitor regulation iR a function of the Food and Drug Administra-tion.) Peaches-Must have full name and address of grower or packer, the gi·ade. the variety, minimum size, and the net contents by weight, or numerical count, e:\.cept when packed in a standard container built in accordance with specifica-tions of the Federal Standard Container Ad. 11. Q: Ate thr requirements for ofhN frnits and l'Plfefablcs pro-duced and sold on the pn 111i1-1cN of thr f/l'OU'el" dirc<'t fv the consumer the same as foi' applc1>? A: Yes. The Ohio Fruit and Vegetable law does not require any markings on containers of fruits and vegetables offered for sale on his own premises by the grower directly to the consumer. All other fruits and vegetables purchased and /or offered for sale must be labeled in accordance with the Ohio Fruit and Vegetable law or the Ohio Apple Labeling law. For example, if you operate a roadside stand, and your next door neighbor wanted you to sell some peaches for him, you would be required to label his peaches as outlined in answers to previous questions. 12. Q: What is a "standard" container u111l how 111r1y a arower or vendor determine if a co11tai11c/' is u ",'1fa11dard" co11tai11a? A: A "standard" container is a container manufactured to the specifications of the Federal Standard Container act. Con-tainer manufacturers and suppliers are subject to the regu-lations of the Federal Standard Container act, and in order to sell "standard" containers they must observe these regu-lations. Manufacturers and suppliers are usually able to provide information as to legal use of containers. But any vendor is responsible for compliance with these regulations for packages or containers that he sells. Splint containers that hold 1 bushel, % bushel, 1h bushel, 1 peck, 1 quart, or 1 pint are examples of standard containers. The usual measurement is on a volume basis filled level. 6 13. Q: Mau w~ed containns be uud to pack Ohw grown f1·uits and 1'e<JPfablP.\? A: Y E'S, provided any markings pertaining to previous contents of such containers previously used for the same product should be blotted out or removed. New markings that are added shall be plain, distinguishable, and legible. Bags pre-viously used for potatoes or onions must be turned inside out so old markings are not visible. 14. Q: A; e the1 e any oth<>1 1 egulations pertaining to grndes, WPi!]llfs, Oi' 11/Nl8/ll'1'8 that 11/Ul:lf bP follmt•Pcl? A: There may be ordinances or laws established by local, city, or municipal governments in regard to sales of fruits and vegetables. If in doubt, check with the local agencies, such as the administrative offices, health departments, weighbi and measures 1lepurtments, and possibly others. 15. Q: lj a juod 1·pict1le1· pre-package.q (m· repack.q) ct pm·tion of the f1·e,qlz f1·uitR and 11egetables that he sells, what infotma-t ion m w~t hP .'lhow on the label of each pal'kage? A: That varies by items of fresh fruits and vegetables. There is no one simple answer to this question. 16. Q: How does this information 1m1·y by itemR? A: In general, every package of any item must have the full name and address of the "person" who packs or repacks the product marked legibly on a label for the package or on the container. The net contents by weight or numerical count also must be shown, unless the container is a "stand-ard" containe1· built in accordance with the specifications of the Federal Standard Container Act. 17. Q: Can the name of the sto1·e be used as the name of the person"? A: The term "person" as used here is construed by law to in-clude any individual, company, partnership, corporation, or association, or any combination of individuals of whatever form or character, also any employee, agent, or officer thereof. 7 18. Q: TYlwt are the rariatio1rn mentioned in answer to q1iestio11 1.5? A: One of the most important additional requirements to those already li:-;ted is that the variety, grade, and minimum size of the fruits in each package of apples or peaches also must be included. The grade, but not the variety and minimum :;ize, must also be shown on each package of potatoes and dry onions. rn. Q: What souvce of h1f01 matim1 may be used .c;afely for deter-mirdng the iYtriety, grade, and minimum size of the prod-ucf.'I rPpacked or prP-packaged in retail .c;tores? A: The law provides that the :;ame information must also be shown on the wholesale container from which apples or peaches are removed for packaging into smaller containers. Usually this is a safe source of information. But, every vendor is responsible for the accuracy of this type of in-formation on any package offered for sale in his store. 20. Q: Do the same regulations apply for open and closed pack-ages? A: Yes. The same regulations apply for open or closed pack-ages, except fruits and vegetables sold to consumers by a grower on his own premises where the product is grown. 21. Q: What information rnust be shown on bulk displays of fruits and i•egetables in tefa?°l stores? A: Bulk displays of apples must have labels of identification showing grade, minimum size, and variety. No specific provisions apply to other fruits and vegetables sold from bulk displays. 22. Q: Who is 1·espo1lsible for loss in weight between time of packaging and tinie of Ra le? A: The final seller bears responsibility for accuracy of weight or count shown on the label or container. 2/62-15M 200/840 The Ohio State University and U. S. Department of Agriculture cooperating. Agricultural Extension Service, W. B. Wood, director, Columbus 10, Ohio. Printed and distributed in furtherance of acts of May 8 and June 30, 1914. 

Labeling Fruits and Vegetables for Sale in Ohio

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Labeling Fruits and Vegetables for Sale in Ohio

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