The midland journal. (Rising Sun, Md.) 1885-1947, 1939-08-25
CHAPTER SIS


Article "a Of the Annotated Code of
Maryland Q935 SUPPLEMENT-, title
,Agriculture," said new sections to be
known as Sections 90 to 80, inclusive,
TO 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
a.. new subtitle to be known as
Fruits and Vegetables" relating to
vegetables and the marking of con-
tainers thereof.
Section 1. Be 1t enacted by the Cen
eral Assembly of Maryland, That eleven
n neW sections ct be and they are hereby
Code Of Maryland Q935 Supplement-,
title Agriculture" said new sections to
be known as Sections 20 to 80, inclu-
sive, to follow Immediately after Sec
was enacted by Chapter 437 of the Acts
of 1887 General SESSION., to be under
new subtitle to be known as Fruits
and Vegetables" and to read as follows:
~. For the purpose of this subtitle,
unless otherwise required by the con-
:. (a) The term Board means the State
Board Of Agriculture.
=, ~ The term Department means
the state Department of Markets.
(c) The term "person" means any
person, firm, corporation or association.
ld) The terms fruit" and ''vege-
table, mean any fruit OF, vegetable, both
posed for SALE packed for sale, trans
ported for sale, shipped or presented
Tor intrastate or interstate shipment.
but not any fruit or vegetable which
has been canned, dried, picked or
frozen.
le) The terms 'selr' and "sold" mean
SAFE, offer or expose for sale, pack for
sale, transport for sale, ship, or present
ior lhtrastate or interstate shipment, In
~ Az.x
30. The State Board of Agriculture
through the Maryland State Department
OF Markets and its duly authorized
agents may, after investigation and pub
tic nearing: " prescribe from time to
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: (al the true grade and/or size of
the product In accordance with any such
standards or grades promulgated by
s sde board, and/or (bl the name and
e the name q Ss State Of packer andor
and/or ldl the variety, quantity, quail
ity, condition and size of the product
81. standards: grades. rules or regu-
iations established under Section 30
days after having been officially adopted,
put thereafter, every cOntainer of any
fruit or vegetable shall bear plainly and
conspieuously upon the outside thereof
sueh markings as are prescribed by the
board under the provisions of this sub
title.
32. No standard, grade, rule or reeu.
latfon prescribed under this subtitle
snail AFFECT the right Of any person to
forming thereto, but no person shall
marx his fruit or vegetable, or container
tnereof In such a manner as to indicate
that his fruit or vegetable conforms
Win any standard or grade Of the Board
unless he shall have conformed with
all rules and regulations of the Board
In relation thereto.
%, The Board, through the Depart
ment and its agents. shall enforce the
provisions or this subtitle and NAV
promulgate and enforce such rules and
regulations as may be necessary to Sc
cure uniformity In the enforcement OF
lhls subtitle and the proper marking OF
containers Of any fruit or vegetable.
3D. All persons whose power or duty
IL 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.
30 Any person violating any pro-
visions of this subtitle or wilfully in
terferlng with the Board or its duly
authorized agent In the performance Of
Us duties; Is guilty Of a mIsdemeanor
and shall. upon conviction. he fined
not less than $500 nor more than 5000
for the first offense, and not less than
$1,000 nor more than $4,000 for the
second ofense, and not less than $4,000
for each subsequent Offense.
30 The States Attorney and/0r 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
Of the Board. or It's duly authorized
agent. Institute and prosecute such ac-
tion as may be proper under the pro-
visions OF this subtitle.
~! No person shall be prosecuted for
violation OF the provisions Of this sub
title where II can be established that
he fruit or vegetable passed inspection
by an authorized inspector OF the De-
nartmfnt or by an Inspector OF the
taFe and was graded, packed and
marked In accordance with the pro-
visions % this subtitle. Certificates Of
Inspection issued by all such inspectors
shall be accepted as prIma faeie evi-
. aenee ~ any Court OF the facts con-
% Any person who sells any fruit
90 vegetable la a container which Is
not properly marked shall not be prose-
by satisfactory evidence that he was
NOT . party 10 the grading or packing
az the fruit OF vegetable In question.
and had no knOwledge that the same
was mlsmarked OF Illegally packed.
struea a. rspsaiinE ssy existing law.
but ahau BE- II addition thereto. and the
powers and dulles herein vested In the