Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1939-08-18
CHAPTER S7B

Maryland (1935 Supplement-, title
"Agriculture," said new sections to be
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-
Section i. Be it enacted by the Gen.
eral Assembly Of Maryland, That eleven
new sections be and they are hereby
added to Article "a Of the Annotated
t G9de i. Of IN. MARYLAND g9s5 Supplement-,
be known as Sections 20 to 80, inclu-
sive, to follow Immediately after Sec
ton % Of said Article, as said section
was len enacted by Chapter 4S7 Of the Acts
new subtitle to be known as Fruits
and Vegetables" and to read as follows:
~. For the purpose of this sub title,
unless otherwise required by the con-
(a) The term Board" means the State
Board Of Agriculture.
=, bl The term Department" means
Scj The t term spers 90 "a means any
person, firm, corporation or association.
(0.. The terms fruit" and "vege-
table" mean any fruit or vegetable, both
singular and plural, sold, offered or ex-
ported for sale, shipped or presented
for intrastate or interstate shipment,
but not any fruit or vegetable which
has been canned, dried, picked or
le) The terms ''selr' and "sold" mean
sale, offer or expose for sale, pack for
sale, transport for sale, ship, or present
for lntrastate or interstate shipment, in
the present, future or past lenses.
~. The State Board of Agriculture
through the Maryland State Department
OF Markets and its duly authorized
agents may, after investigation and pub
nc nearing: ~ prescribe from time to
time, official standards or grades for
any, fruit or vegetable, (2) promulgate
from time to time rules and regulations
governing the markings which shall be
required upon containers of any fruit
or vegetable, for the purpose of show
ing: (a) the true grade and/0r size Of
the product in accordance with any such
standards or grades promulgated by
address of the grower or packer, and/or
(c) the name of the State where grown,
and/or I'D the variety, quantity, quail
ity, condition and size of the product.
lati0ns established under Section 80
shall not take effect until thirty (3O)
days after having been officially adopted,
put thereafter, every container. Of any
conspicuously upon the outside thereof
such markings as are prescribed by the
Board under the provisions of this SUBJ
%. No standard, grade, rule or regu-
lation prescribed under this subtitle
shall affect the right Of any person to
sell MS fruit or vegetable without con-
T msrn r. thereto net but No person shall
thereof In such a manner as to indicate
that his fruit or vegetable conforms
with any standard or grade of the Board
unless he shall have conformed with
rn0nIaffnnQ nj ho
In relation thereto.
> 33. The Board, through the Depart
ment and its agents, shall enforce the
provisions of this subtitle and may
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 vegetable.
1t is to enforce the provisions of this
subtitle may enter any building, We
hicle or other enclosure or conveyance
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
further examination such samples Of the
produce and containers as may be nee
essary to determine whether or not this
subtitle has been violated.
50. Any person violating any pro-
visions of this subtitle or wilfully in.
terfering with the Board or its duly
authorized agent In the performance Of
its duties, is guilty Of a misdemeanor
and shall upon conviction, be fined
not less than $500 nor more than $1,000
for the first Offense, and not less than
$4,000 nor more than $4,000 for the
second offense, and not less than $4,000
for each subsequent Offense.
80. 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
subtitle and shall also, at the request
of the Board, or its duly authorized
agent, institute and prosecute such ac-
tion as may be proper under the pro-
visions of this sub title.
81. No person shall be prosecuted for
violation Of the provisions of this sub
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 pripa facie evil
tanned therein.
3S. Any person who sells any fruit
or vegetable in a container 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 same
80. This subtitle shall not be con-
but shall be In addition thereto, and the
mowers and duties herein vested in the