The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

fact and the Legislature so finds
that emergencies arise in the citrus
industry from time to time because
citrus fruit produced in the State
of Florida suffers serious damage
by freezing; and
WHEREAS. the Legislature finds
that it is necessary to provide means
for regulating the issuance of Ger
tlflcateS of inspection when citrus
fruit is damaged by freezing; and
WHEREAS. because of experience
during the years in the past when
citrus fruit has been damaged by
freezing at which tine il has been
found that the extent of the damage
from freezing has not become appar-
ent for varying periods of time ow-
ing to weather and other conditions.
during which periods of uncertainty
il is impossible TO correctly deter
mine the extent of damage of said
citrus fruit or whether same is edi-
bic and fit for human consumption,
or whether same Is so damaged as
to affect its classification for grad
ing or standardization purposes; and
WHEREAS. the Legislature finds
that cirtus fruit produced in the
State of Florida, when falling below
the specifications and requirements
set forth in this Act. is not edible
or fit for human consumption, and
injurious TO the Florida citrus in
duStry: now, therefore,
Be 1t Enacted by the Legislature of
the State of Florida:
Sec. /. That as used in this Act.
(a) The term citrus fruit" as used
herein means and includes only the
fruits Citrus Grandis. Osbeck, COM
Sinensis. Osbeck. commonly called
oranges. and Citrus Nobilis. Deli
ciosa. commonly called tangerines,
grown in the State of Florida.
(b) The term Florida Citrus
Commission" means the Florida Cit
rus Commission created by Chapter
1854. Laws of Florida. Acts of
Laws of Florida. Acts of 1887.
tc) The term person means and
includes persons. firms, partnerships.
associations and for corporations.
I'D The term citrus producing
area" means and includes any part
of the State of Florida in which
citrus fruit. as herein defined. is
grown or produced.
Sec. 2. That when freezing tenn
peratures of sufficient degree to cause
damage to citrus fruit occur in any
section of the citrus producing area
of Florida. the Florida Citrus Com
mission is hereby empowered and
charged with the duty of determining
whether or not serious damage re-
suits to citrus fruit from such freez-
ing temperatures. If it is determin-
ed that serious damage has been
caused to citrus fruit as a result of
freezing the Commission may, by
rule or regulation, at any time not
less than three CD days after the
occurrence of freezing temperatures
causing such serious damage. or
der that no citrus fruit shall be sold
or offered for sale. transported, pre-
pared. received, or delivered for
transportation or market for period
not to exceed seven (7) days after
such order becomes effective; pro-
vided, however, that such order shall
not affect or be applicable to any
citrus fruit which has been prepared
for shipment and certificates OF in
spection issued thereon prior to the
becomes effective. Any order, rule
or regulation of the Commission,
under the provisions of this Act,
may become effective twelve U2)
hours after its issuance, If so pro-
vided therein.
Sec. 8. 1t shall be unlawful at sg.y
time for any person to sell or offer
for sale. to transport. to prepare, re-
ceive. or deliver for transportation
or market any citrus fruit seriously
damaged by freezing. Citrus fruit
shall be deemed to be seriously dam
aged by freezing when:
"a it causes marked drying to ex-
tend into the segments of oranges
and grapefruit more than 4 inch
at the stem end. or into segments
of the mandarin groups more than
II inch at the stem end, or more
than the equivalent of these respec-
tive amounts by volume when oc-
curing in other portions of the fruit,
(a) it causes before the drying pro-
cess develops other injury as evil
denced by
(a) a water soaked appearance. or
evidence of previous water soaking
OBJ broken down juice cells
(c) mushy condition
I'D open spaces in the pulp
or when any condition or combina-
ton of conditions as described above
in a. b. c. and d may be interpreted
as affecting any portion or portions
of the fruit with seriousness equal
to that defined in section % above.
by count of the citrus fruit in any
one container or bulk lot may be
seriously damaged by freezing in
jury but not more than one-third
G-3 of this tolerance shall be al
lowed for citrus fruit now or here
r
law or regulation.
No lot of citrus fruit seriously
damaged by freezing injury may be
mixed with other lots of citrus fruit
which are free from damage by
freezing. resulting in concealment of
inferior fruit thereby reducing the
percentage of defective fruits in the
seriously damaged lot to within the
tolerance permitted for error in grad
ing only.
The manner and method of draw
ing samples and conducting tests I'M
der this Act shall be prescribed by
rules and regulations of the Florida
Citrus Commission.
Sec. 4. Any person who shall vio-
late any of the provisions of this
Act or do or commit any act herein
declared to be unlawful. or shall
violate any reasonable rule or reg
ulation made and promulgated by
the Florida Citrus Commission in
pursuance of the authority therefor
herein given. shall be punished by a
fine of not less than Fifty ($JO.OO
Dollars. and not more than One
Thousand Isl 100000 Dollars. or by
imprisonment in the County Jail for
not more than one ID year, or by
both such fine and imprisonment
in the discretion of the Court.
Sec. D. That this Act shall be
literally construed and if any part
or portion thereof be declared invalid.
or the application thereof to any
person. circumstance or thing is de-
clared invalid. the validity of the re-
mainder of this Act and/Or the ap-
plicability thereof to any other per-
son. circumstance or thing shall not
be affected thereby. and is the in
tention of the Legislature to pre-
serve any and all parts of said Act
If possible.
Sec. 6. That all laws and parts of
laws in conflict with he provisions
&c ALic AcA ho md the game arc