Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1939-08-17
CHAPTER b7b

AppEOVeQs May =, 1859,
CHAPTER B7s
AN ACT to add eleven new sections to
Article "a Of the Annotated Code of
Maryland (i9S5 Supplement-, title
known as Sections 20 to so, inclusive.
to follow Immediately after Section
% Of said Article, as said section was
enacted by Chapter 437 Of the Acts
OF 1887 General SESSION., to be under
Fruits and Vegetables" relating to
the grading and packing of fruits and
vegetables and the marking of con-
tainers thereof.
eral Assembly of Maryland. That eleven
new sections be and they are hereby
added to Article "a of the Annotated
Code OF Maryland (1935 SUPPLEMENT-,
5ltie .Agriculture," said new sections to
De known as Sections 20 to 80, inclu-
sive, to follow Immediately after Sec
ton % Of said Article, as said section
was enacted by Chapter 437 Of the Acts
OF 1887 General SESSION., to be under
a new sub title to be known as Fruits
and Vegetables" and to read as follows:
~, For the purpose Of this subtitle,
unless otherwise required by the con-
e0 Sal The at term t9 Board" means the State
(Dl The tenn Department" means
the state Department of Markets.
lcl The term person" means any
person. firm. corporation or association.
table, mean any fruit or vegetable. both
singular and plural, sold, offered or ex-
posed Tor sale, packed for sale, trans
ported Tor sale, shippsT or presented
bnt mott snT ,, or inter e shpment
frozen. 4s4Seii
le) The terms "sell' and 'sold'' mean
sac olIer or expose for SALE, pack for
Tor intrastate or interstate shipment. in
the present, future or past lenses -
81. The State Board of Agriculture
through the Maryland State Department
oa Markets and Its duly authorized
nc nearing: ~ prescribe from time to
time, Omcial standards, or grades for
any FRUIT or vegetable, (2) promulgate
from time to time rules and regulations
required upon containers of any fruit
or vegetable, for the purpose of show
ing: tal the true grade and/or size Of
me product In accordance with any such
the Board, .and/or (b) the name and
address OF the grower or packer, andIor
lc) the name of the State where grown
and/or ldl the variety, quantity, dual,
ity, CONDITION and size Of the product.
iations established under Section az
shall not take effect until thirty (301
days after having been officially adopted.
nut thereafter, every container of anv
lruil or vegetable shall bear plainly and
consplcuously upon the outside thereof
Sucn markings as are prescribed by the
title. " 'iis Suo-
~, No standard. grade, rule or regu-
ati0n prescribed under this subtitle
shall affect the right Of any person 70
sell MS fruit or vegetable without con-
forming thereto, but no person shall
marx his fruit or vegetable, or container
that his fruit or vegetable conforms
with any standard or grade Of the Board
unless he shall have CONFIRMED win
al rules and regulations Of the Board
in relation thereto.
80. The Board, through the Denart.
ment and Its agents, shall enforce the
provisions OF this subtitle and NAV
promulgate and enforce such rules and
regulations as may be necessary to Sc
cure uniformity In the enforcement of
this subtitle and the proper marking Of
containers of any fruit or vegetabIe'
"a. All persons whose power or dutv
IT is to enforce the provisions of this
subtitle SUB, may enter any building, We
within this State, where any fruit or
vegetable is produced, stored or sold:
may examine any fruit or vegetable
found In such place; and may take for
Auts,.cA SAoiihaIiOn bucn samples or the
produce and containers as may be nee
essary to determine whether or not this
subtitle has been violated.
80. ANY person violating any pro-
visions OF this subtitle or wilfully in
terfering with the Board or its duIv
authorized agent in the performances Of
its duties, is guilty Of a misdemeanor
and shall, upon conviction, be fined
not less than $500 nor more than Sc. 90
for the nrst offense, and not less than
5000 nor more than 10000 for the
second offense, and not less than $3.50 100
for ecch subsequent offense
&c. The States Attorney and/or any
other prosecuting officer Of any county
or city in which any violation of this
subtitle may occur shall prosecute any
person accused of any violation of this
sub title and shall also, at the request
OF the Board, or its duly authorized
agent, institute and prosecute such ac-
ton as may be proper under the pro.
visions Of this subtitle
81 No person shall be prosecuted for
violation OF the provisions Of this sub
title where IL can be established that
the fruit or vegetable passed inspection
by an authorized inspector of the De-
partment or by an inspector of the
United States Department of Agricul-
ture and was graded, packed and
marked In accordance with the pro-
visions of this subtitle. Certificates of
inspection issued by all such inspectors
shall be accepted as prima facie evil
dence In any Court Of the facts con-
tanned therein.
IS. Any person who sells any fruit
or vegetable in a containeS which Is
not properly marked shall not be prose-
cuted therefor when he can establish
by satisfactory evidence that he was
not a party to the grading or packing
Of the fruit or vegetable in question.
and had no knowledge that the sap,p
was mismarked or illegally packed.
80 This subtitle shall not be con.
strued as repeating any existing law.
but shall be in addition thereto, and the
powers and duties herein vested in the