# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 17 — Certification of Fruit

### Chapter 01 — Controlled Atmosphere Storage of Fruit

**Authority:** Agriculture Article §§10-602 and 10-703, Annotated Code of Maryland

**Administrative History:** Effective date: October 12, 1981 (8:20 Md. R. 1637)

#### Regulation .01 Definitions.

*COMAR 15.17.01.01*

A. In these regulations, the following terms have the meanings indicated:

B. Terms Defined.

  (1) “Department” means the Maryland Department of Agriculture.

  (2) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

  (3) “Person” means any individual, corporation, partnership, association, firm, or other business entity.

  (4) “MD-CA” or “Maryland Controlled Atmosphere Storage” is a mark or grade of quality certified by the Department which indicates that fresh fruit has been stored in a facility where atmospheric gasses have been controlled in volume and in temperature for the purpose of preserving the condition and maturity of fruit.

  (5) “Facility” means a storage warehouse approved by the Department for storing of MD-CA certified fruit.

#### Regulation .02 Application for “MD-CA” Certification.

*COMAR 15.17.01.02*

Upon request, the Secretary may mark fruit as “MD-CA” certified. Requests for certification shall be made on a form as provided by the Department. Before certification, the Department shall inspect and approve each storage facility to insure its fitness to store “MD-CA” fruit. An applicant shall agree to pay to the Department a reasonable fee for any service as provided in this chapter.

#### Regulation .03 Prohibition.

*COMAR 15.17.01.03*

Unless approved by the Secretary, a person may not mark a container as “MD-CA” in any manner that indicates that it conforms to the grade or quality standards as provided in this chapter.

#### Regulation .04 Standards for “MD-CA” Certified Fruits.

*COMAR 15.17.01.04*

The Secretary shall certify and mark fruit as “MD-CA” certified if it conforms to all of the following standards:

A. Fruit shall be refrigerated immediately after harvesting and shall be sealed in a controlled atmosphere storage facility within 30 days after harvesting.

B. The oxygen content of a facility shall be reduced to 5 percent of the facility's volume within 20 cumulative calendar days after the facility's initial sealing.

C. The maximum amount of oxygen retained in a sealed “MD-CA” facility may not exceed 5 percent by volume.

D. While fruit is stored in a facility, the temperature shall be maintained within a range normal for each variety without significant deviation.

E. Fruit shall be stored for a minimum of 90 days in a facility, except 60 days for Jonathan variety apples. However, fruit may not be stored for more than 10 months or later than August 1 following harvest. All fruit shall be sealed in a facility with not more than 5 percent oxygen content.

#### Regulation .05 Storage Facilities.

*COMAR 15.17.01.05*

The Secretary shall approve each facility for the storage of fruit. Upon approval, the Secretary shall assign a facility number which shall be preceded by the letters “MD-CA”. The “MD-CA” number and the facility number shall be in letters and figures not less than 1/4 inch high and shall appear on all master cartons or shipping containers.

#### Regulation .06 Records and Reports.

*COMAR 15.17.01.06*

A. Records.

  (1) A person whose fruit is certified “MD-CA” shall keep accurate daily records on forms approved by the Department.

  (2) Records shall be made available to the Department upon request and shall be kept for 1 year from harvest.

  (3) Records shall include the following:

    (a) Full name and address of applicant;

    (b) Number and storage capacity of each facility;

    (c) Date of sealing of the facility;

    (d) Date of opening of the facility;

    (e) A daily record of the date and time of testing of the percent of carbon dioxide, oxygen, relative humidity, and the temperature of a facility;

    (f) The quantity within the facility by variety and lot identification;

    (g) The dates of any entry or resealing of the CA facility.

B. Within 30 days after a facility is filled with fruit and sealed, a person whose fruit is to be certified shall submit a written report to the Secretary showing the following:

  (1) The quantity and lot or sub-lot identity by variety of fruit held; and

  (2) The date of sealing of the facility.

C. If any person removes any fruit before the minimum holding period or final opening as required by this subtitle, the person whose fruit is certified shall notify the Secretary in writing within 3 days from removal stating the quantity and identity of fruit removed.

#### Regulation .07 Certification Refusal.

*COMAR 15.17.01.07*

The secretary may refuse to grade or to mark a person's fruit as “MD-CA” for failing to comply with the requirements of this chapter. An applicant who is denied “MD-CA” may request a hearing before the Secretary.