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.