act-1917-0-144•Pennsylvania Act 1917-144 — APPLE PACKING LAW
Act text
APPLE PACKING LAW
Act of May 24, 1917, P.L. 266, No. 144 Cl. 31
AN ACT
Regulating the packing of apples, providing penalties for
violations and imposing certain duties upon the Department of
Agriculture.
Section 1. Be it enacted, &c., That every closed package
containing apples grown in the State of Pennsylvania, which is
sold, offered, or consigned for sale, packed for sale, or
shipped for sale, shall bear upon the outside of one end, in
plain letters or figures, or both, the name and address of the
person by whose authority the apples were packed, the true name
of the variety therein contained, and the minimum size or
numerical count of the fruit in the package: Provided, That
packages which cannot readily be marked on an exposed end shall
be similarly marked in a conspicuous place. If the true name of
the variety is not known to the packer or to the person by whose
authority the apples are packed or branded, then such variety
shall be designated as "unknown." Every package of apples which
is repacked shall bear the name and address of the person by
whose authority it is repacked, and shall be marked as
prescribed by this act. The letters and figures used in marking
closed packages of apples under the provisions of this act shall
be of a size not less than thirty-six-point Gothic.
Section 2. The marks prescribed by this act may be
accompanied by any additional marks which are in accordance with
the facts, and which are not inconsistent with or do not in any
way obscure the marks required by this act. Apples packed and
branded in accordance with the United States Apple-Grading Law
approved August third, one thousand nine hundred and twelve,
shall be exempt from the provisions of this act.
Section 3. All apples packed within the meaning of this act
shall be so packed that the face or exposed surface shall fairly
represent the average of the apples in the package. And it shall
be considered a fair representation if the face or exposed
surface does not excel the average of the apples in the package
by more than fifteen per centum in the matter of size and
freedom from defects.
Section 4. The minimum size of the fruit in all grades shall
be determined by taking the transverse diameter of the smallest
fruit in the package. Minimum sizes shall be stated in
variations of one-quarter of an inch; as, two inches, two and
one-quarter inches, two and three-quarter inches, three inches,
three and one-quarter inches, and so on, in accordance with the
facts. Minimum sizes may be designated by either figures or
words, and the word "minimum" may be designated by the use of
the abbreviation "min." A tolerance of five per centum in the
matter of size shall be allowed.
Section 5. It shall be unlawful for any person to pack for
sale, ship for sale, offer or consign for sale, have in
possession intended for sale, or sell in closed packages any
apples grown in this State: (a) Which are not packed and marked
in accordance with the provisions of this act and the
regulations made hereunder; (b) or which bear any false
statement, design, or device regarding such apples, within the
meaning of this act.
Section 6. Any person who violates any of the provisions of
this act shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by a fine of not more than
fifty dollars for the first offense, and not more than one
hundred dollars for each subsequent offense. No person shall be
prosecuted under this act who can establish by satisfactory
evidence that no part of the packing or branding of the apples
concerned was done by him, or under his authority, and that he
had no knowledge that they were not packed in accordance with
said provisions. All penalties, costs, and fines collected under
this act shall be paid to the Secretary of Agriculture, or his
agent, and by him shall be paid into the State Treasury, for the
use of the Commonwealth.
Section 7. The provisions of this act shall not apply to
apples in closed packages which are held, stored, or shipped to
storage within the State, until same are packed for sale,
offered or consigned for sale, or shipped for sale.
Section 8. The word "person" as used herein shall be
construed to include individuals, corporations, partnerships,
and associations. The act, omission, or failure of any official
or employe of any person, when such official or employe is
acting within the scope of his employment or office, shall in
every case be deemed also the act, omission, or failure of the
person as well as of the official or employe. The words "closed
package" shall mean a box, barrel, or other package, the
contents of which can not be easily inspected when such package
is closed.
Section 9. The enforcement of this act shall be vested in
the State Department of Agriculture; and its officers, employes,
and agents are authorized to enter upon the premises of any
person within this State for the purpose of purchasing packages
of apples and securing evidence of violation of this act; and
the said Department of Agriculture is hereby authorized to make
such rules and regulations as may be necessary for enforcing its
provisions.
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