Farm Products Grades and Sales Act
Loi sur le classement et la vente des produits agricoles
R.R.O. 1990, REGULATION 378
GRADES — FRUIT AND VEGETABLES
Historical version for theperiod September 17, 2008 to April 14, 2011.
Last amendment: O. Reg. 331/08.
This Regulation is made in English only.
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CONTENTS
SectionsDefinitions / 1-2
Application / 3-3.1
PART I / GENERAL / 4-7
PART II / PACKAGES / 8-11
PART III / MARKINGS / 12-24
PART IV / INSPECTION / 25-33
PART V / DETENTION / 34-38
PART VI / GENERAL / 39-43., 44
PART VII / FRESH FRUIT AND VEGETABLE GRADE STANDARDS / 45
Apples / 46-47
Asparagus / 48-50
Beets / 51
Cabbage / 52
Cantaloups / 53-54
Carrots / 55
Cauliflowers / 56
Celery / 57
Cherries / 58
Corn (Sweet) / 59
Cucumbers (Field) / 60
Cucumbers (Greenhouse) / 61-62
Grapes / 63-64
Head Lettuce (Iceberg Type) / 65
Onions / 66-67
Parsnips / 68
Peaches / 69-72
Pears / 73-76
Peppers / 77
Plums and Prunes / 78-80
Potatoes / 81-83
Raspberries / 84
Rhubarb (Field) / 85
Rhubarb (Forced) / 86
Rutabagas / 87
Strawberries / 88
Tomatoes (Field) / 89-90
Tomatoes (Greenhouse) / 91
PART VIII / PROCESSING / 92
PART IX / FRUIT AND VEGETABLES FOR PROCESSING GRADE STANDARDS
Apples / 93
Asparagus / 94
Beans / 95
Beets / 96
Cabbages / 97
Carrots / 98
Cherries / 99-102
Peaches / 103
Pears / 104
Plums and Fresh Prunes / 105
Tomatoes for Processing / 106-107
Definitions
1.In this Regulation,
“aggregate area” means the total area under consideration if assembled into one circular area of the diameter specified;
“catchweight package” means any transparent package sold on a weight basis in which the produce is readily visible and which contains not more than three pounds net weight;
“clean” means not affected in appearance by dirt, dust, spray residue or other foreign material;
“closed package” means any package the contents of which cannot be satisfactorily inspected without removing the cover or other enclosing device;
“condition defect” means any defect that may develop in produce during storage or transit;
“diameter” means the greatest diameter at right angles to the longitudinal axis;
“establishment” includes any plant, factory or premises where produce is canned, preserved or otherwise processed;
“fairly well formed” means that not less than one-half of the fruit is of the shape characteristic of the variety when fully mature and the remainder of the fruit deviates only slightly from the shape characteristic of the variety when fully mature;
“hand-picked” in respect of fruit means that the fruit shows no evidence of rough handling or of having been on the ground;
“inspection” means inspection by an inspector appointed under the Act and “inspected” has a corresponding meaning;
“inspection point” means any point or area at which an inspector attends;
“master container” means a container that is designed to hold more than one package of produce;
“mature” means that the produce has reached such stage of development as ensures completion of the ripening process;
“Ministry” means the Ministry of Agriculture and Food;
“package” means any receptacle, container, wrapper or confining band, but does not include foil wrap on individual potatoes or transparent film wrap on individual specimens of any other produce;
“processing” means canning or preserving fruit or vegetables, or manufacturing of products from fruit or vegetables by a processor;
“processor” means a person who cans or preserves fruit or vegetables or, by a continuous operation or series of operations, manufactures products from fruit or vegetables, but does not include a person who cans or preserves fruit or vegetables for consumption by himself or herself or his or her household;
“produce” includes any fruit, vegetable or sweet corn that can be grown in Canada;
“properly packed” means that the produce is not slack, overpressed or otherwise in a condition likely to result in permanent damage during handling or in transit;
“sized” means that the fruit in a box or crate has a size range not in excess of one-quarter of an inch in diameter;
“smooth” means that the produce is not ridged, angular or indented;
“sound” means that the produce at the time of packing, loading or final shipping-point inspection is free from condition defects, including decay, breakdown, freezing injury, bitter pit, soft, shrivelled, water core, over-ripeness, brown core, corky core or other injury that may affect the keeping quality of the produce;
“stemless fruit” means any fruit that has no portion of the stem attached thereto and has no broken skin at the stem end;
“well formed” means that the produce has a shape characteristic of the variety;
“wrapper leaves” means leaves that do not closely enfold the compact portion of the head. R.R.O. 1990, Reg. 378, s.1.
2.All fruit, vegetables and sweet corn that can be commercially grown in Canada are designated as farm products. R.R.O. 1990, Reg.378, s.2.
Application
3.This Regulation does not apply to,
(a)produce not grown for the purpose of sale but grown for the sole purpose of producing seed; or
(b)unharvested produce. R.R.O. 1990, Reg. 378, s.3.
3.1Revoked: O.Reg. 331/08, s.1.
PART I
GENERAL
4.No person shall pack, transport, ship, advertise, sell or offer for sale any produce,
(a)unless the produce is graded, packed and marked in accordance with the Act and this Regulation and is contained in packages which comply with the Act and this Regulation;
(b)that is below the minimum grade for the produce;
(c)if the faced or shown surface falsely represents the contents;
(d)in a package, unless the package is properly filled and packed;
(e)in a package that has been previously marked, unless the marks are completely removed or obliterated;
(f)that is so immature or so diseased or otherwise affected as to be unfit for human consumption;
(g)in a package that is damaged, stained, soiled, warped or otherwise deteriorated so as to materially affect the soundness, appearance or wholesomeness of the produce packed therein; or
(h)that has been injured by insects or that shows evidence of any foreign substance in an amount injurious to public health. R.R.O. 1990, Reg. 378, s.4.
5.(1)Section 4 does not apply to the transportation of produce,
(a)of any person for the purpose of use by himself or herself and his or her household;
(b)of a grower by the grower for the purpose of grading and packing, storing or processing; or
(c)of any person (other than a grower who transports the produce for the purpose of grading, packing or processing) where the transporter supplies, upon request of an inspector, proof of the purpose for which the produce is transported. R.R.O. 1990, Reg. 378, s.5(1).
(2)Section 4 does not apply to the sale of produce for processing. R.R.O. 1990, Reg. 378, s.5(2).
6.No person shall misrepresent the class, variety, grade, size, size range, count, weight, measure, mark or marking, ownership, origin, storage records or conditions of storage of any produce. R.R.O. 1990, Reg. 378, s.6.
7.No person shall, during the course of packing, warehousing or shipping of any produce,
(a)wilfully or carelessly damage the produce;
(b)handle the produce in such a manner that it is likely to deteriorate in quality;
(c)expose the produce to any weather or other conditions that are likely to cause damage to the produce; or
(d)fail to comply with the recommendation and instructions of an inspector regarding the exposure of any produce to any conditions. R.R.O. 1990, Reg. 378, s.7.
PART II
PACKAGES
8.(1)Every package for produce shall be of the dimensions and capacities specified in Tables 1 and 2 of section 9. R.R.O. 1990, Reg. 378, s.8(1).
(2)Subsection (1) does not apply to,
(a)produce for which there are no grades established under this Regulation;
(b)produce sold or offered for sale in a package where the experimental use thereof has been authorized by the Minister and the package is identified and used only in the manner authorized by the Minister;
(c)produce, other than apples, beets, carrots, onions, parsnips and potatoes packed in bags and tomatoes packed in tubes, that is sold or offered for sale in catchweight packages; or
(d)produce under detention, or for which permission has been granted by an inspector for shipment or transportation for the purpose of packing in standard packages for sale. R.R.O. 1990, Reg. 378, s.8(2); O.Reg. 331/08, s.2.
9.(1)No person shall sell or offer for sale at retail, asparagus, snap beans, beets without tops, carrots without tops, onions without tops, parsnips, forced rhubarb or tomatoes except by weight or in a package prescribed for vegetables by this Regulation. R.R.O. 1990, Reg. 378, s.9(1).
(2)Subject to subsections (4) and (5), all produce shall be packed in the packages described in Table 1. R.R.O. 1990, Reg. 378, s.9(2).
(3)The dimensions in Tables 1 and 2 are inside measurements unless otherwise stated.
TABLE 1
Type of Package / VolumeHalf pint / 16.8 cubic inches
Pint / 33.6 cubic inches
Quart / 67.2 cubic inches
Baskets / 2 quarts
" / 4 quarts
" / 6 quarts
" / 8 quarts
" / 11 quarts
Half bushel hamper / 16 quarts
Bushel hamper / 32 quarts
Half bushel box, Carton or Crate / 1,100 cubic inches
Bushel box, Carton or Crate / 2,200 cubic inches
Baskets / 2 litres
" / 4 quarts
R.R.O. 1990, Reg. 378, s.9(3).
(4)Subject to subsection (5), produce referred to in Table 2 may be packed in the corresponding packages described in that Table.
TABLE 2
Item / Fruit or Vegetable / Type of Package / Size or Volume1. / Apples / Apple Bags / 3, 5, 10 pounds
Shopping-type bags packed at point of retail sale / 6, 8, 10, 20 pounds
Standard apple box / 18 in. × 111/2 in. × 101/2 in.
Half box / 161/8 in. × 85/8 in. × 75/8 in.
Apple crates / 17 in. × 13 in. × 11 in.
Tray carton / 193/4 in. × 111/2 in. × 53/4 in.
193/4 in. × 12 in. × 113/4 in.
Carton or Crate / 161/8 in. × 111/2 in. × 53/4 in. end piece with 4 3/4 in. side piece
Cell-pack / i.Apple cell-packs shall, in the case of cell-packs for elongated varieties of apples, including Delicious variety, have individual cells of the dimensions set out in columns II, III and IV for the number of apples, by count, contained in the cell-packs, set out opposite thereto in column I as follows:
Column I / Column II / Column III / Column IV
Count / Length / Width / Depth
60 / 35/8 in. / 33/8 in. / 35/8 in.
72 / 37/16 in. / 33/16 in. / 37/16 in.
80 / 35/16 in. / 31/16 in. / 35/16 in.
96 / 31/16 in. / 27/8 in. / 31/8 in.
120 / 27/8 in. / 211/16 in. / 215/16 in.
140 / 211/16 in. / 29/16 in. / 23/4 in.
160 / 29/16 in. / 27/16 in. / 25/8 in.
175 / 215/32 in. / 211/32 in. / 21/2 in.
200 / 211/32 in. / 29/32 in. / 27/16 in.
216 / 27/32 in. / 27/32 in. / 23/8 in.
ii.Apple cell-packs shall, in the case of cell-packs for round varieties of apples, including McIntosh, Spartan, Newton and Rome varieties, have individual cells of the dimensions set out in columns II, III and IV for the number of apples, by count, contained in the cell-packs, set out opposite thereto in column I as follows:
Column I / Column II / Column III / Column IV
Count / Length / Width / Depth
60 / 39/16 in. / 31/4 in. / 33/4 in.
72 / 37/16 in. / 31/16 in. / 39/16 in.
84 / 31/4 in. / 23/4 in. / 35/16 in.
96 / 33/16 in. / 211/16 in. / 31/4 in.
120 / 215/16 in. / 21/2 in. / 3 in.
140 / 23/4 in. / 25/16 in. / 213/16 in.
160 / 29/16 in. / 21/4 in. / 211/16 in.
180 / 21/2 in. / 23/16 in. / 25/8 in.
200 / 23/8 in. / 21/16 in. / 21/2 in.
216 / 25/16 in. / 2 in. / 27/16 in.
Half-bin / 10 bushels, outside measurements 48 in. × 42 in. and inside depth 121/4 in. with sides and ends 1/2 in. minimum thickness and bottom 5/8 in. minimum thickness
2. / Asparagus / Pyramid-type / minimum net weights of 15 pounds for asparagus 6 in. or less in length and 20 pounds for asparagus over 6 in. in length
3. / Beets / Bags, cartons, boxes or crates / 1, 2, 3, 5, 10, 15, 25, 50, 75 and 100 pounds.
4. / Cabbage / Bags / 40, 50 and 75 pounds
Sound, suitable non-standard open containers
Sound wire-bound crates
5. / Cantaloups / Sound, suitable containers
6. / Carrots / Bags, cartons, boxes or crates / 1, 2, 3, 5, 10, 25, 50, 75 and 100 pounds
7. / Cauliflower / Sound suitable non-standard open containers
Sound wire-bound crates
8. / Celery / Cartons: / i.Regular celery / 191/2 in. × 161/2 in. × 11 in.
ii.Celery hearts / 20 in. × 141/2 in. × 10 in.
iii.Hearts and stalks / 20 in. × 141/2 in. × 11 in.
9. / Cherries / Carton or crate / i.153/4 in. × 153/4 in. × 43/8 in.
ii.161/4 in. × 12 in. × 51/4 in.
10. / Corn (Sweet) / Bag, carton, box or crate / any multiple of 1/2 dozen ears
Transparent packages / any number of ears up to a dozen
11. / Cucumbers / Regular type:
Crate / 161/8 in. × 111/2 in. × 41/2 in.
Cartons: / i.Special / 14 in. × 91/2 × 5 in. or 41/2 in.
ii.1 Dozen / 14 3/4 in. × 63/8 in. × 33/4 in.
iii.2 Dozen / 161/2 in. × 9 in. × 63/4 in.
iv.King / 161/2 in. × 81/2 in. × 61/4 in.
v.Queen / 143/4 in. × 81/2 in. × 61/4 in.
vi.Prince / 131/4 in. × 81/4 in. × 61/4 in.
vii.Super King / 16 in. × 11 in. × 91/2 in.
Long Seedless Type:
Cartons: / i.Small / 131/2 in. × 121/2 in. × 41/2 in.
ii.Medium / 15 in. × 121/2 in. × 41/2 in.
iii.Large / 17 in. × 121/2 in. × 41/2 in.
iv.Extra Large / 19 in. × 121/2 in. × 41/2 in.
12. / Head Lettuce / Cartons: / 191/2 in. × 161/2 in. × 11 in.
24 in. × 161/2 in. × 11 in.
Sound, suitable non-standard open packages
Sound, wire-bound crates
13. / Onions / Cartons, boxes, crates or new bags / 1, 2, 3, 5, 10, 15, 25, 50, 75 and 100 pounds
Transparent packages / 2 or 3 “Jumbo” onions sold as a unit
14. / Parsnips / Bags, cartons, boxes or crates / 1, 2, 3, 5, 10, 15, 25, 50, 75 and 100 pounds
15. / Peaches / Cartons or crates / 161/8 in. × 111/2 in. × 53/4 in. end piece and 43/4 in. side piece
2/3 bushel — 1,440 cubic inches
Boxes, cartons or crates / 161/8 in. × 111/2 in. × 53/4 in. end piece and 33/4 in. side piece
Panta Pak / 161/4 in. × 131/2 in. × 61/2 in.
Cell-Pak / Peach cell-packs shall have individual cells of the dimensions set out in columns II, III and IV for the number of peaches, by count, contained in the cellpack, set out opposite thereto in column I as follows:
Column I / Column II / Column III / Column IV
Count / Length / Width / Depth
30 / 31/16 in. / 3 in. / 31/4 in.
36 / 3 in. / 215/16 in. / 35/32 in.
40 / 227/32 in. / 213/16 in. / 31/16 in.
48 / 241/64 in. / 237/64 in. / 253/64 in.
56 / 235/64 in. / 231/64 in. / 245/64 in.
60 / 231/64 in. / 234/64 in. / 239/64 in.
70 / 21/4 in. / 21/4 in. / 25/8 in.
16. / Pears / Pear Box / 18 in. × 111/2 in. × 81/2 in.
Half Box / 161/8 in. × 85/8 in. × 75/8 in.
Carton or crate / 161/8 in. × 111/2 in. × 53/4 in. end piece and 43/4 in. side piece
2/3 bushel — 1,440 cubic inches
Pear carton / 17 in. × 103/4 in. × 5 in.
Tray carton / 193/4 in. × 12 in. × 113/4 in.
17. / Plums, Prunes / Boxes, cartons or crates / i.18 in. × 111/2 in. × 31/4 in.
ii.161/8 in. × 133/4 in. × 53/4 in.
iii.161/8 in. × 111/2 in. × 43/4 in. end piece and 33/4 in. side piece
iv.161/8 in. × 10 in. × 33/8 in. — may have 1/2 in. cleat
v.2/3 bushel — 1,440 cubic inches
18. / Potatoes / Cartons, boxes, crates or new bags / 1, 2, 3, 5, 10, 15, 20, 25, 50, 75 and 100 pounds
Transparent packages / 3 potatoes which are uniformly sized, foil wrapped and sold as a unit
19. / Rhubarb (Field) / Cartons / 10 pounds
Sound, suitable containers
(Forced) / Cartons / 10 pounds
20. / Rutabagas / Bag, carton, box or crate / 5, 10, 15, 25, 40, 50, 75 and 100 pounds
21. / Tomatoes / Cartons, boxes, crates or other packages / 1, 2, 3, 5, 8 and 10 pounds and multiples of 5 pounds
Tomato tubes / minimum net weight of 14 ounces
Crates or lugs / 161/8 in. × 131/2 in. × 61/2 in.
R.R.O. 1990, Reg. 378, s.9 (4); O.Reg. 331/08, s.3.
(5)Asparagus sold by growers and packers shall be packed in the packages for asparagus described in Table 2 of subsection (4) except asparagus sold directly to consumers which shall not be so packed. R.R.O. 1990, Reg. 378, s.9(5).
(6)Half-bin packages for apples shall be constructed of plywood and ends, sides and bottoms shall be padded with number 1 polyfoam or plastic bubble sheeting with a minimum thickness of one-quarter inch. R.R.O. 1990, Reg. 378, s.9(6).
(7)During shipment, half-bin packages of apples shall be level full and completely covered with corrugated material capable of withstanding a bursting test of 125 pounds per square inch. R.R.O. 1990, Reg. 378, s.9(7).
(8)Pyramid-type packages for asparagus shall be constructed of corrugated cardboard with,
(a)each outer liner being forty-two pounds basic weight with full weather and water resistant adhesive applied to the inside facing;
(b)a white outer liner on the outside surface of the container;
(c)the medium being thirty-three pounds basic weight C flute corrugated;
(d)wet wax cascade treatment to a minimum of 45 per cent by weight; and
(e)an extra strength designation and a mullen test capability of not less than 200 pounds per square inch. R.R.O. 1990, Reg. 378, s.9(8).
(9)The inside surface of the bottom of every pyramid-type package for asparagus shall be entirely covered with a moisture pad consisting of a minimum of ten plies of cellulose or like material stitched or applied to a polyethylene backing. R.R.O. 1990, Reg. 378, s.9(9).
10.Where packages of apples are placed in master containers, the master containers shall be of corrugated material with partitions designed for apples, and,
(a)for packing of three-pound bags, the master container shall hold twelve units and be capable of withstanding a bursting test of 175 pounds per square inch;
(b)for packing of five-pound bags, the master container shall hold eight units and be capable of withstanding a bursting test of 200 pounds per square inch;
(c)for packing of ten-pound bags, the master container shall hold four units and be capable of withstanding a bursting test of 175 pounds per square inch; and
(d)for packing of three-pound over wrap trays, the master container shall hold twelve units and be capable of withstanding a bursting test of 175 pounds per square inch. R.R.O. 1990, Reg. 378, s.10.
11.At least 95 per cent by weight of the asparagus packed in a pyramid-type package shall be packed so that the butt end of each spear contacts the moisture pad. R.R.O. 1990, Reg. 378, s.11.
PART III
MARKINGS
12.Every person who packs, transports, ships, advertises, sells, offers for sale or has in possession for sale any produce in a package shall mark the package and master container with,
(a)his or her initials, surname and address, and a firm or corporation shall mark the package with the firm or corporate name and address;
(b)the proper designation of the grade of the produce; and
(c)the kind of produce, when so packed that the kind of produce is not readily visible. R.R.O. 1990, Reg. 378, s.12.
13.(1)No person shall,
(a)use any registered number or mark assigned to any other person or use any brand, stencil or label designating any other owner, packer or shipper;
(b)alter or efface any marks on any package of produce except for the purpose of compliance with this Regulation; or
(c)where a grade name is marked on a package, mark the package with any other words or markings in such a manner that the words or markings appear to be part of the grade name or are likely to be mistaken for part of the grade name unless the words or markings comply with this Regulation. R.R.O. 1990, Reg. 378, s.13(1).
(2)Despite clause (1) (c),
(a)where this Regulation requires that a person mark a package to indicate the size of produce in it, the person shall place the markings indicating size adjacent to the grade name;
(b)where carrots have been washed prior to being packed, the additional designation “Washed” may be used in connection with any of the grades of carrots;
(c)where onions have a minimum diameter of one and one-quarter inches and a maximum of one and three-quarter inches, the additional designation “Small” may be used in connection with Canada No. 1 Grade;
(d)where onions have a minimum diameter of three inches the additional designation “Jumbo” may be used in connection with Canada No. 1 Grade;
(e)where rutabagas have been completely immersed in a wax solution, the additional designation “Waxed” may be used in connection with the grade of rutabagas;
(f)every person who packs potatoes of the Yukon Gold variety in packages shall prominently mark each package “Yukon Gold” in letters no smaller than those of the grade name; and
(g)every person who packs potatoes of a yellow-fleshed variety in packages shall mark the principal display surface of each package in bold face type in letters of not less than one-half inch in height with the words,
(i)“yellow fleshed”, where the common name of the produce is shown elsewhere on the package, or
(ii)“yellow fleshed potatoes”, where the common name of the produce is not shown elsewhere on the package. R.R.O. 1990, Reg. 378, s.13(2); O.Reg. 89/95, s.1.
14.Every person who packs, transports, ships, advertises, sells, offers for sale or has in possession for sale any produce in a package shall mark the package with,
(a)in the case of produce imported from outside Canada and repacked within Canada, the words “Product of” followed by the name of the country of origin; and
(b)in the case of produce grown within Canada, the words “Product of Canada” or “Product of” followed by the name of the province of origin. R.R.O. 1990, Reg. 378, s.14.