The independent. [volume] (Elizabeth City, N.C.) 1908-1936, 1919-02-21


the rules and regulations made under
this Act or unless the receptacle be of
a. capacity % per cent less than the
capacity Of the minimum standard re-
ceptacle for the product; Provided
That any receptacle for such farm pro-
duct of CAPACITY within 25 per cent
of,Eor larger than, the minimum stan
sdard receptacle for the produce may
he used if itNbe specifically described
as not a standard size, or be conspicu-
ously marked with the phrase Not
Standard Size. in addition to any other
marking which may prescribe for such
receptacles under authority given by
this Act. s.
.. Whenever any requirement3S45r maxi
ing receptacle for farnf raduct
Shall have been made esfectlvR nndef
this Act, no person shall self and da-
liver in this State any such f;sr1n Bro<
duct in a receptacle to which such re-
Quirement is applicable, unless the re-
eeptacle be marked according to such
requirement.
Sec. 6. The Board is authorized to
employ, license or designate persons
to inspect and classify farm products
and to certify as to the grade or other
classification thereof, in accordance
with the standards made effective suIa-
der this Act, and shall fix. assess and
collect or cause to be collected any fees
for such services. Whenever, after op-
portunity for a hearing / safforded to
any person employed. licensed or de-
slgnated under this section, it is deter
mined that such person has failed to
classify farm products correctly in ac-
cordance with the standards establish
ed therefor under this Act, or has vio-
lated any provision Of this Act or of
the rules and regulations made here
under, the Board may suspend or revoke
the employment, license, or designa-
ton Of such person. Pending investi-
cation, the person in charge of this
work may suspend or revoke any such
appointment, license, or designation
temporarily without hearing.
= Sec. T. The oWnersorc person in pos
session Of any farm product classified
in accordance with the provisions of
this Act may appeal from such CLASH
fieasion Under such rules and regusa-
tions as he may prescribe
Sec. s. Al certificate of the grade or
other Classification OF any farm pro-
duct issued under this Act shall be ac-
cepted IN any court Of this State as
prima facie evidence of the true grade
81 other classification Of such farm pro-
duct at the time of its classification.
S Sec. g : Any person employed, Hc-
ensed, Hor designated shall neither clas-
s.fy. nor eegtif as e the grade or other
which, in his Judgment, is unMholeSorns =
or unfit for food of man or animal. If;
in the performance Of his official dut
ties, he discovers any farm product
which is unwholesome or unfit for food
or man or for other animal for which
it is intended, he shall promptly report
the fact to a health officer of the State
Or of any county or municipality there
Of.
Sec. 10. Agents and employees are
from time to time, to ascer-
tain the amount of any farm product or
products within this state, to inspect
any farm products in the possession of
any person engaged in the business of
marketing the same within this State,
and to take samples of such products.
Sec. II. In carrying out the purposes
of Section 10 of this Act, agents and EN-
ployes are authorized to enter on any
business day during the usual hours or
business, any storehouse, warehouse,
cold storage plant, packing house, stock
yard, railroad yard, railroad car, or any
other building or place where farm pro-
ducts are kept or stored by any person
engaged in the business of marketing
farm products.
Sec. H. The Board of Agriculture is
authorized to make and promulgate
such rules and regulations as may be
necessary to carry out the provisions OF
his Act. Such rules and regulations
shall be made to conform as nearly as
practicable to the rules and regulations
IF the Secretary of Agriculture of the
United States prescribed under any Act
IF Congress of the United States relat-
ng to the marketing of farm products.
Sec 13. The Board of Agricultures2
Sec. 49, Any person who violates any
provision of this Act, or of the rules and
regulations made under the Act for car
,ying out it's provisions, or fails or re-
uses to comply with any requirement
hereof, or who wilfully interferes with
agents or employees, in the execution,
n on account of the execution, of his or
heir duties, shall be guilty of a misde-
neanor.
Sec. IA. Any person convicted of
nisdemeanor under this Act shall be
punished by a fine of not more than one
hundred dollars (s100.00), Or by impris-
in the county Jail for not more
han thirty days, or by both such fine
nd imprisonment in the discretion of
he court
Sec. Is. All laws and parts of laws
n conflict with this Act are repealed. If
ny part of this Act be declared uncon-
titutional by any court of competent
the validity of the remain
ng parts Of the Act shall not hereby be
ffected or impaired. This Act shall not
e construed so as to conflict with any
tatute of the United States regulating
ommerce among the several states, or
4 any place under the exclusive juris-
iction of the United States.
Sec. 16. This Act shall be in force
rom and after it's ratification.