§ 156-dd. Controlled atmosphere. No person shall sell or exchange or
offer or expose for sale or exchange or transport for sale any fruits or
vegetables represented as having been exposed to "controlled
atmosphere," "modified atmosphere," alone or with other words, or shall
so use any such term or form of words or symbols of similar import on
any container or lot of fruits or vegetables advertised, sold, offered
for sale or transported for sale within this state unless such fruits or
vegetables have been kept in a room or storage building with not more
than five percent oxygen for a minimum of ninety days; provided,
however, that a person may represent as having been exposed to
controlled atmosphere or modified atmosphere any variety of apple stored
in conformance with regulations promulgated by the commissioner
prescribing shorter storage periods and particular atmospheric
conditions for such variety of apple, and which take into account
relevant scientific research and technology. A record on a form approved
by the commissioner shall be kept at a convenient location adjacent to
said room or storage building from the day of sealing to the day of
opening of said room or storage building, and shall be subject to review
by the commissioner or his authorized agents at any time for a period of
at least one year.