3-487. Rulemaking; definition

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules not in conflict with this article, as the associate director deems necessary to carry out this article.

B. On recommendation of the associate director, the director shall prescribe:

1. Standards and grades for fruit and vegetables produced in this state and a standard for fruit and vegetables without specific standards. In establishing the specific standards, the associate director shall consider factors that apply to the product, including maturity, color, shape, size, firmness, freedom from decay, diseases, mechanical and plant pest injury and any other factors that indicate quality and condition.

2. The size, dimensions, labeling and markings of containers that are to be used to pack fruit or vegetables and the packing arrangements of the commodity in the container.

3. A permit system for experimental containers, experimental products and experimental packs, including an application, permit number, quantity allowed by the permit, duration of the permit and recordkeeping and renewal provisions.

4. Sampling rules for lots and containers of fruit and vegetables to reasonably produce a fair representation of the entire lot or container sampled.

5. The time period allowed to recondition fruit or vegetables pursuant to section 3-486.

6. Appropriate reporting and recordkeeping requirements for shippers, including:

(a) Reporting totals for each commodity shipped.

(b) A requirement for records to be retained for the preceding two years on the amount of each commodity sold by the shipper for each producer for purposes of reporting under article 1 of this chapter.

(c) A requirement for records to be retained for the preceding year on the percentage ownership interest of each producer for each commodity sold by the shipper.

7. Appropriate reporting and recordkeeping requirements for commission merchants.

C. For the purposes of this section, " year" has the same meaning prescribed in section 3-491.