Evening journal., 1915-03-06
diseased, !" "fungus,' or scabby,' as The

The Rev. Urban u. Sargent is rector.
diseased" fungus or scabby, as the
case may be. Said words to be branded
upon the outside of the same end OF
the package on which the marks pre-
scribed by 672B, Section 23B shall ap-
pear, except the grade.
"672D. Section d. The marks or
brands prescribed by 672A, Section A,
672B, Section 23B, 672C, Section 2SC,
shall be in black letters and figures,
of size not less than IL inch.
1912 E. Section E. It shall be un-
lawful for any person within the State
TO pack, SELL distribute transport,
offer or expose for sale, distribution
or transportation apples which arc
adulterated, or misbranded within the
meaning of this Act.
'672F Section 23F. For the pur-
pose of this Act, apples packed in a
closed package shall be deemed to be
misbranded: First, if the package shall
fail to bear all statements required by
672A, Section 23A, 672B. Section 23B,
672C, Section 23C Second, if the pack
age shall be falsely branded, or shall
bear any statement, design or device
regarding such apples which is false
or misleading, or If the package bears
any statement, design or device indi-
eating that apples contained therein
are Delaware grades, and said apples
when packed or repacked do not con-
form to the requirements prescribed
by 672A, Section 23A of this Act.
"672G. Section 23G. For the pur-
pose of this Act, apples packed in
closed packages shall be deemed to be
adulterated il their quality or grade.
when packed or repacked, does not
conform to the marks upon the pack
age.
"672H. Section 2SH. Any person
who misbrands or adulterates apples
within the meaning of this Act, or who
violates any of the provisions Of this
Act, shall be deemed guilty of a mis-
demeanor, and upon conviction shall
be punished for the first offense by a
fine not exceeding S25, and not less
than $40. For the second offense, by
fine not exceeding $50, and not less
than S25. and for the third and each
subsequent Offense by fine not ex-
ceeding 5000. and not less than $50,
together in all cases with the cost OF
prosecution. Whenever any violation
| is with respect to a lot or shipment
consisting of fifty or more closed pack
ages, there may be imposed in addi-
tion to the above penalties 25c for the
first offense, soc for the second Of
fense, and 81 for each subsequent Of
fense for each package in excess Of
fifty, with respect to which such viola
ton is permitted.
"672I. Section I. No person shall
be prosecuted under the provisions OF
/ this Act when he can establish a guar
antee signed by the person from whom
he receives such articles to the ef-
feet that the same is not adulterated
or misbranded within the meaning of
this Act, said guarantee to be valid
shall contain the true name and ad-
dress of the person or persons max
ing the sale. and in such case the
guarantor shall be liable to the penal
ties of this Act.
"672J. Section 23J. Definitions. The
person as used herein shall be con-
structed to include both the singular
and plural, individuals, corporations,
co-partnerships, companies, societies
and associations. The act, omission or
failure of any officer, agent, servant OF
employee acting within the scope or
his employment or Office, shall be
deemed the act omission or failure of
the principal. The words CLOSED
package" shall mean box or barrel,
the contents of which cannot be seen
or inspected when such package is
closed. The words mot hand-picked'
shall include wind-falls, drops, and APP
ples shaken or knocked from the tree
bv any agencies, apples in open-head
barrels or boxes covered with burlap
or Stats that can be readily removed
and replaced are not closed packages
within the meaning of this act.
"672K. Section 23K. No person
shall on behalf of any other person,
mack any fruit for sale, transportation.
or distribution. contrary to the provis-
ions of this Act.
ae72I. Section 23L. This Act shall
not apply to unpacked apples. actually
transported in barrels to storage
within this State. until the same are
, removed from storage for the purpose
of marketing, sale, transportation OF
distribution.
"672M. Section 2SM The enforce
ment of this Act shall be vested in the
State Board of Agriculture and it's
officers. employees, agents and servants
are authorized to enter upon the land
and premises of any person or per-
sons. firm or firms. corporation or cor
porations within the State. for the
purpose Of inspecting packages of ap-
ples and securing evidence of the vio-
iations of Sections 2SA to 23L, of this
chapter.
"672N. Section 23N. This Act shall
take effect June ], 1916"