(1) Any person, firm, or organization wishing to pack pears under a grade or brand not covered by this chapter, must file with the director a certified copy of the description of the private grade or brand before the first day of August of the year in which the pears are grown.

(2) If the director approves the private grade or brand, pears may be packed under the private grade or brand instead of the official state grading rules. All boxes of pears packed under the private grade or brand must be marked with that grade or brand.