Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-12-25


place of that of the person by whose
authority it was originally packed.
Size of Lettering
Section Z. The branding or mark
ing of barrels under the provisions
of this act shall be in block letters
and figures not less than one-half
inch in height.
The commissioner of agriculture
shall prescribe rules and regulations
as to the lettering to be used in
branding, or marking other pack
ages.
Misbranded Apples. Term Defined
Section 8. For the purposes of
this act apples packed in a closed
package shall be deemed to be mis-
branded:
fall statements required by section
six.
Second. If the package bears any
statement, design or device regard
ing such article or it's contents
which shall be false or misleading In
any particular, or is falsely branded
in any particular
Administrative Authority
Section 8. The commissioner of
agriculture shall make and may
modify uniform rules and regula-
tons for carrying out the provisions
Of this act. He shall, in person, or
by his deputy or agent. have free
access, ingress and egress at all rea-
sonable hours to any place, building
or vehicle in which apples are pack
ed, stored. sold offered or exposed
for sale or held for transportation.
He shall also have power, in person
or by his deputy or agent, to open
any box, barrel or other container,
and may upon rendering the market
price, take such container and its
contents or samples therefrom,
Said commissioner shall have gen.
eral authority to administer and
enforce the provisions of this act
and the rules and regulations made
hereunder. and to prosecute viola
lions thereof.
Violations. Notice and Hearing
Section 10. When the commits
sfoner becomes cognizant of the vio-
lation of any provision of this act he
shall cause notice of such violation.
together with copy of the findings,
to be given to the person or persons
concerned. Persons so notified shall
be given hearing under rules and.
regulations prescribed by the COM
missioner. Notices of such hearing
shall specify the date, hour and
place of the hearing
Violation Penalties
Section IL. Whoever himself or
by his servant or agent misbrands
apples within the meaning of this
act or packs, sells, distributes. of
fers or exposes for sale or dis
tribution apples which are mis-
branded or apples in closed or open
packages so packed that the faced
or shown surface gives a false rep
resentation of the contents of such
package, or otherwise packs. selIs
distributes, offers or exposes for sale
or distribution, apples in violation
OF any provision of'this act, shall be
punished for the first offense bv a
nne not exceeding fifty dollars and
Tor subsequent offense by a. fine
not exceeding two hundred dollars.
whoever violates any rule or reguIa-
ton made by the commissioner un-
der this act, or obstructs or hinders
the commissioner or his deputy or
agents in the performance of his
duties under this act. shall be pun
lshed by fine of not less than ten
NOT more than one hundred dollars.
exemptions from Penalties
Section H. No person shat, ha
deemed to have violated any pro-
vision of this act lie he can estah-
ilsh by satisfactory evidence that he
acted in good faith solely as a dis
trlbutor and that he was not q
party to the packing and grading of
the apples in question or if he can
establish a guaranty signed by the
person from whom he received such
apples, to- the effect that the same
are not misbranded within the
meaning. of this act, specifically
designating said act. Such evi.
dence or guaranty to afford protec-
ton, shall contain the name and
address of the person making the
sale or shipment of such apples IN
said distributor. and in such a case
such person shall be subject to the
penalties to which the distributor
would otherwise be liable under the
provisions of THE oo% sAA0