N.J. Admin. Code § 2:71-2.6

Current through Register Vol. 57, No. 1, January 6, 2025
Section 2:71-2.6 - Definitions

For the purposes of this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

"Application of tolerances" means, in the case of alfalfa sprouts, bok choy, broccoli rabe (Rapini), cabbage (Chinese), cactus, celery root, kohlrabi, hot peppers (green and red), shallots (topped), swiss chard, leeks and herbs (fresh), that the contents of individual packages in the lot are subject to the following limitations:

1. For a tolerance of 10 percent, individual packages may contain not more than one and one-half times the tolerance specified, provided that the average for the entire lot is within the tolerance specified.
2. For a tolerance of less than 10 percent, individual packages may contain not more than double the tolerance specified, provided that at least one defective specimen may be permitted in any package and provided, further, that the average for the entire lot is within the tolerance specified.

"Closely trimmed" means, in the case of Italian sprouting broccoli (bunched), when not more than a total of five percent by weight, of the bunches, consists of attached stems and leaves longer than the average length of the bunch, regardless of point attachment or loose leaves and stems.

"Cut flowers". The following definitions apply to cut flowers:

1. "Damage" means any injury or defect which materially affects the appearance or shipping quality of the cut flowers or foliage.
2. "Fairly straight" means that the stem is of normal growth and is not more than slightly curved or crooked.
3. "Firm" means that the bud is fairly compact and yields slightly to moderate pressure of the fingers.
4. "Free from" means any amount is scorable.
5. "Fresh" means that the bud and foliage are bright, not badly wilted, limp or flabby.
6. "Overmature" means that the flower has opened beyond commercial value.
7. "Stem" means the flower stalks with any attached foliage.
8. "Strong" means that the stem is fairly stiff and sturdy enough to hold the bud in a reasonably erect position.
9. "Well shaped" means that the bud is symmetrical, not lopsided or otherwise deformed.

"Fairly clean" means, in the case of shallots, that the appearance of the individual shallot is not affected by dirt.

"Fairly tight" means, in the case of alfalfa sprouts, eggplants, beets (bunched), beet greens, broccoli greens, collard greens, celery root, dandelion greens, endives, escarole, herbs, kale, kohlrabi, lettuce (green and red leaf), mustard greens, common green onions, parsnips, radishes (bunched), spinach (bunched), spinach plants, Swiss chard and turnip greens, that the package is sufficiently filled to prevent any appreciable movement of the product and that they are in contact with the lid or cover. In the case of apples, that the apples are of the proper size for molds or cell compartments in which they are packed, and that the molds or cells are filled in such a way that no more than slight movement of apples within molds or cells is possible. The pad over the top layer of apples shall be not more than three-quarter inch below the top edge of the carton. In the case nectarines and peaches packed in mold or cell compartments, that they are of the proper size for the mold or cell compartments in which they are packed and that the molds or cells are filled in such a way that there is no more than slight movement within the mold or cells and that the pad or tray over the top layer must be in contact with the lid.

"Fairly uniform in color" means, in the case of cranberries, that the berries in individual containers do not show sufficient variation in color to materially detract from the appearance of the berries in the containers.

"Fairly uniform in size" means, in the case of bibb lettuce, big Boston lettuce and iceberg lettuce, that not more than 10 percent of the heads in a container may vary appreciably from the standard size head for the count pack. In the case of cantaloupes and pumpkins, one size above or one size below the size of most of the cantaloupes or pumpkins in the container.

"Fairly well colored" means, in the case of cranberries, that 75 percent of the surface of the individual berry, in the aggregate shows pink or red color characteristics of the variety and means, in the case of eggplant (fresh for processing), that it has a fairly good characteristic for the variety, except that streaks of green color, that does not materially detract from the appearance, shall be permitted.

"Fairly well filled" means that in the case of beets (topped), cucumbers, okra, cheese peppers (green or red), cubanelle peppers (green or red), hot peppers (green or red), sweet peppers (green, red or yellow, bell type), sweet potatoes, squash (summer), shallots (topped), tomatoes (fresh market), turnips (topped), and rutabagas, except in sacks, are not in contact with the lid or cover, but not more than one-half inch below the lid or cover. In the case of nectarines and peaches, the container is level full and there is practically no movement of the fruit when the container is closed. In the case of nectarines, the contents of the container may be slightly below the top edge but not more than one-half inch.

"Fairly well trimmed" means in the case of cabbage, that the head shall not have more than seven wrapper leaves.

"Firm" means, in the case of shallots, that the edible portion is not soft.

"Hydrocooled" means using the process of conveying produce through cold water (as near to 32[degrees]F or 0[degrees]C as possible) to remove field heat quickly.

"Jersey Fresh Milk" means milk produced in New Jersey that may be whole, one percent, two percent or skim and may be fortified with milk solids.

"Jersey Fresh Flavored Milk" means whole, one percent, two percent, and skim milk produced in New Jersey that may be fortified with milk solids and includes non-dairy ingredients as specified on the label.

"Licensed packer" means any entity that has applied for and been granted approval to package products using any of the "Jersey Fresh" logos.

"Made with Jersey Fresh Milk" means food products that utilize milk produced in New Jersey as an ingredient and meet the New Jersey and Federal standards for Jersey Fresh milk.

"Made with Premium Jersey Fresh Milk" means food products that utilize milk produced in New Jersey with a somatic cell count not exceeding 150,000 somatic cells per milliliter as an ingredient and meet the New Jersey and Federal standards for Jersey Fresh milk.

"Mixed colors" means that a lot of tomatoes may contain not more than five percent of tomatoes which are green in color. "Green" means that the surface of the tomato is completely green in color. The shade of green color may vary from light to dark.

"Over maturity" means, in the case of alfalfa sprouts, that leaf buds (head) are on the verge of opening. In the case of broccoli rabe (rapini), bunched or individual shoots when packed loose would be materially affected if it has more than two open buds or most buds are on the verge of opening.

"Producer" means a farmer that owns and maintains dairy animals in New Jersey for the purpose of producing raw milk.

"Reasonably uniform in size" means, in the case of eggplants, that the weight of the smallest eggplant in the container is not less than one-half the weight of the largest eggplant.

"Tight" means, in the case of bibb lettuce, iceberg lettuce and Big Boston lettuce, that the layers are completely and tightly filled without injury to the heads. In the case of sweet corn, when packed in crates, the package is filled sufficiently to prevent any movement of the product within the package and it has the proper bulge without causing bruised kernels. In the case of asparagus (loose), bok choy, Italian sprouting broccoli (bunched, broccoli rabe (rapini), cabbage (domestic, savoy, red and Chinese), cantaloupes, cauliflower, fennel, horseradish roots, leeks, parsley, pumpkins, romaine and rhubarb, that the packages are sufficiently filled so as to prevent the product from moving in the container but not overly filled so that injury to the product results.

"Tolerances" means, in the case of packages identified with the Premium Jersey Fresh "logo," the applicable tolerance will be two percent less than the total tolerance stated in the U.S. Standard or the Jersey Fresh Regulations for the commodities in the premium program.

"Vacuum cooled" means using a process which, through a vacuum, reduces air pressure in a large chamber, thus promoting cooling by rapid evaporation of moisture.

"Well colored" means, in the case of raspberries, that the whole surface of the berry shows a color characteristic of a mature berry.

"Well developed" means, in the case of romaine, that the plant shows normal growth and shape.

"Well filled" means, in the case of blueberries, cherry tomatoes, grape tomatoes, raspberries and strawberries, that the fruit be one-quarter to one-half inch above the rim of the cup. In the case of peas, snap beans and fall and winter squash (acorn, butternut and spaghetti), they shall be in contact with the cover.

"Well trimmed" means, in the case of asparagus, that at least two-thirds of the butt of the stalk is smoothly trimmed in a plane approximately parallel to the bottom of the container and that the butt is not stringy or frayed. In the case of endive and escarole, that the roots are neatly cut near the point of attachment of the outer leaf stems. In the case of romaine, that the stem is trimmed off close to the point of attachment of the outer leaves. In the case of cabbage, that the head shall not have more than four wrapper leaves. In the case of fennel (sweet anise), that not more than one coarse outer branch is left on each side of the bulb to protect the tender inside portion, the portion of the root remaining is not more than one-half inch in length. Tops may be either full length or cut back to not less than 10 inches except that not more than five of the outer branches may be cut back to less than 10 inches if necessary to facilitate proper packing, but not more than three of these may be on the same side of the bulb. In the case of shallots, that the tops are no longer than one quarter-inch.

"Wine" means a diverse commodity class composed of the yeast fermentation products of the must, or juice, pressed from grapes, fruit or other agricultural products. Wine is a fruit product, but fermentation produces a variety of chemical changes in the must, and so wine is not simply juice with ethanol added. Fermentation alters the must by altering the conjugation of organic acids and phenolics, by extraction and the formation of copigments and the development of an anaerobic and protective redox potential.

N.J. Admin. Code § 2:71-2.6

New Rule R.1985 d.282, eff. 6/3/1985.
See: 17 N.J.R. 765(b), 17 N.J.R. 1407(d).
Amended by R.1986 d.201, effective 6/2/1986.
See: 18 N.J.R. 588(b), 18 N.J.R. 1196(c).
Added definitions "fairly well trimmed" and "mixed colors"; amended "fairly well filled" and "tight".
Amended by R.1987 d.89, effective 2/2/1987.
See: 18 N.J.R. 2347(a), 19 N.J.R. 287(a), 19 N.J.R. 355(a).
Hydrocooled amended to 32[degrees]F from 34[degrees]F.
Amended by R.1987 d.442, effective 11/2/1987.
See: 19 N.J.R. 1593(c), 19 N.J.R. 1987(a).
Added definitions "well colored" and "well filled".
Amended by R.1988 d.97, effective 3/7/1988.
See: 19 N.J.R. 2327(b), 20 N.J.R. 525(a).
Added text to "fairly tight" and added definitions "Well developed" and "Well trimmed".
Amended by R.1988 d.370, effective 8/1/1988.
See: 20 N.J.R. 953(a), 20 N.J.R. 1871(a).
Amended "fairly tight" and "fairly well filled".
Amended by R.1989 d.234, effective 4/6/1989.
See: 21 N.J.R. 227(a), 21 N.J.R. 1118(b).
Added definition of "fairly clean" regarding shallots. Expanded definitions of several words and terms as they apply to newly added fruits and vegetables to Jersey Fresh program participation.
Amended by R.1990 d.354, effective 7/16/1990.
See: 22 N.J.R. 1296(a), 22 N.J.R. 2140(b).
Added definitions of "Application of tolerances" and "tolerances"; expanded cases in definitions of "fairly tight" and "well filled".
Amended by R.1992 d.374, effective 10/5/1992.
See: 24 N.J.R. 2318(b), 24 N.J.R. 3511(b).
Amended by R.1994 d.485, effective 9/19/1994.
See: 26 N.J.R. 2831(a), 26 N.J.R. 3828(a).
Amended by R.2000 d.380, effective 9/18/2000.
See: 32 N.J.R. 2218(a), 32 N.J.R. 3391(a).
In "Application of tolerances", inserted references to bok choy and cactus; in "Tight", substituted a reference to sweet corn for a reference to green corn, inserted a reference to bok choy, and deleted "well" following "sufficiently"; and in "Well filled", inserted a reference to grape tomatoes.
Amended by R.2003 d.434, effective 11/3/2003.
See: 35 N.J.R. 2974(a), 35 N.J.R. 5060(a).
Added "Fairly uniform in color" and "Fairly well colored".
Amended by R.2004 d.422, effective 11/15/2004.
See: 36 N.J.R. 2319(a), 36 N.J.R. 5088(b).
Added "Jersey Fresh Milk", "Jersey Fresh Flavored Milk", "Licensed packer", "Made with Jersey Fresh Milk", "Made with Premium Jersey Fresh Milk" and "Producer".
Amended by R.2005 d.329, effective 10/3/2005.
See: 37 N.J.R. 2163(a), 37 N.J.R. 3809(c).
Added definition "Wine".
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
In definition "Fairly well colored", inserted "and means, in the case of eggplant (fresh for processing), that it has a fairly good characteristic for the variety, except that streaks of green color, that does not materially detract from the appearance, shall be permitted".
Amended by 55 N.J.R. 2471(a), effective 12/18/2023