Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1913-07-22
INTERPRETATION Of APPLE Law.

Interpretation of Apple Law.
Hon. John A. Roberts, state commits
sioner of agriculture, has had 30 man!
questions asked him with regard to th'
Interpretation of the apple packing Law
passed by the last legislature, that he
thought best to get an opinion from
Attorney General Scott Wilson. Mr.
Wilson has responded with the answeri
given below. While the questions arr
not given here, they are perhaps suffi
ciently indicated by the replies:
In relation to the questions submitted
to you concerning the act regulating the
packing, shipping and sale OF apples
taking the questions up In the ordel
which you named them, I will say:
1. The branding of apples for inter
state or foreign shipment under the
United States statute appears to be op
tioual, but, il branded, must comply
with provisions of law.
2. think all packages of apples must
be branded to comply with the Maine
law whether they are to be sold for in,
terstate or foreign shipment or for local
sale.
8. think that the Maine statute al
lows other sizes than the bushei OF
barrel to be used, provided its contents
are measured by the standard n1ed ID
the statute.
4. OF course the meaning OF the word
used in this connection Is to be deter
mined by its common use. "Sonnd or
dinarily means free from rot or other de-
fects but as this section seems to dehoe
about all other defects, it seems that the
word "souud" in this connection would
have reference more particularly to It's
freedom from decomposition.
5. Section three seems to require the
class or grade of apples to be plainly
designated. which would, no doubt, in.
clude the "unclassified." In other
words, in branding, there would be three
classes: "One, two and unclassified."
6. think that either method could
be used and comply with Section 8. The
language seems to imply printed iaoei'
but | think, a stencilling, which met tne
requirements, would be held to be a
compliance with the law.
7. "Any person" is anyone VINO
knowingly does any act which is . VIOLA
ton of the provisions of this chapter.
1t might be the agent of the purchaser,
or any or all of the crew who did the
grading and packing, or any other per-
SON who had to do with any OF the acts
that are necessary to be done in order to
comply with this statute. 10 take q
specific instance, If a purchaser orders
his agent to pack and grade apples, II
the work is done in the State OF Maine
and the agent fails to grade and CLASSIFY,
or brand, as required by state, 1t seems
to me that unquestionably he would Do
liable to prosecution.
s. Where an agent or owner ORDERS
crew of men to grade, pack or brand
sny or all would be liable who knowing.
ly did any act that was In violation OF
the provisions of this statute. vi
course, II one man has some especial
part of the work assigned to him, which
had nothing to do with the classifying
or improperly branding! l think there
must be q commission knowingly OF
some of tho acts, which are In violation
of this statute, in order to render any
person liable to its penalties. And by
knowingly, do not mean the law, 0e
cause every man is presumed to know
the law; but that he Intentionally does
some of the acts which constitute vio-
lation of the law, that is, If you please,
without any knowledge of the provision
of this law, puts apples which, under the
statute are classified No. 2, into barrels
which are marked No. l, or fails TO marx
the barrels at all or marks as No.
apples which really should be classed as
unclassified.
o. lam inclined to think that the
commissioner of agriculture must pro
ceed under Section 8 before he cOmmen'
ces prosecution. That section taken In
connection with Section IA, would seem
to indicate that 1t was the intent OF the
Legislature for the commissioner to give
a hearing before he started prosecu'
tion.
10. The action can undoubtedly be
brought in any county where offence is
committed. If the offence is in packing
it might be brought in the county where
the apples happened to be, that is, the
party packing might be proceeded
against in any county for sdulteration OF
misbranding or transporting, wherever
the apples happened to be, If they were
still in his ownership. So many condi
tions might arise under this head tha,
probably each one, If at all unusual, hao
better be taken up when it arises.
II. What have said in reply to sever
and eight would apply to this section
That any or all persons who knowingly
participate in any Of the acts that are
prohibited in this section are liable to