Section 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.