Telegraf. [volume] (Baltimore, Md.) 1909-1951, 1939-09-22
CHAPTER 575

- ~ AOOO'
Approved: May 3, 1889.
CHAPTER SIS
AN ACT to add eleven new sections to
Artlcie "a of the Annotated Code of
Maryland q9s5 SUPPLEMENT-, title
known as Sections % to SO, inclusive,
to follow Immediately after Section
70 of said Article, as said section was
enacted 1a34 by Chapter 437 of the Acts
Fruits and Vegetables relating to
the grading and packing of fruits and
vegetables and the marking of con-
talners thereof.
Section L Be it enacted by the Cen
eral Assembly of Maryland, That eleven.
new sections be and they are hereby
added to Article "a of the Annotated
S4de Of MARYLAND 1935 SUPPLEMENT-,
be known as Sections 20 to SO, inclu-
sive, to follow Immediately after Sec
ton 2S 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" and to read as follows:
~. For the purpose of this subtitle,
unless otherwise required by the con-
lal The term Board" means the State
Board of Agriculture.
the State Department of Markets.
(c) The term person" means any
person. firm, corporation or association.
az The terms fruit" and "vege-
singular and plural, sold, offered or ex-
posed for sale, packed for sale, trans
ported for sale, shipped or presented
Lor 1ntrastate or interstate shipment,
put not any fruit or vegetable which
frozen. "
(e) The terms "sell' and "sold' mean
sale, offer or expose for sale, pack FOR
sale, transport for sale, ship, or present
t1r lhtrastate or interstate shipment. in
the present, future or past lenses.
90. me 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 andIor size of
me product in accordance with any such
standards Or grades promulgated by
the Board, and/or (b) the name and
a aoI + th OF the grower or packer, and/or
and/or Gdl the variety, quantity, quail
ity, condition and size of the product.
81. Standards. grades, rules or regu-
latI0ns established under Section 80
snall not take effect until thirty (3O)
qays after having been officially adopted,
put thereafter, every container Of any
fruit or vegetable shall bear plainly and
cOnsp1cuously upon the outside thereof
Such markings as are prescribed by the
Board under the provisions of this sub
title.
-. No standard, grade, rule or regu-
latlOn prescribed under this subtitle
shall! affect the right of any person to
sell his fruit or vegetable without con-
Iornlng thereto, but no person shall
mark his fruit or vegetable, or cOntainer
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
~ rules and regulations of the Board
in relation thereto.
30. The Board, through the Depart
menc and Its agents, shall enforce the
provisions of this subtitle and may
promulgate and enforce such rules and
cure uniformity in the enforcement of
this subtitle and the proper marking Of
containers of any fruit or vegetable.
"a. All persons whose power or duty
it Is to enforce the provisions of this
subtitle may enter any building, We
hicle. or other enclosure Or conveyance
within this State, where n 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
terfering with the Board or it's duly
authorized agent in the performance Of
it's duties, is guilty Of a misdemeanor
and shall, upon conviction, be fined
not less than $500 nor more than $4,000
for the first ~offense, and not less han
second ~offense, and not less than $3.50. 90
for each subsequent ~Offense.
80. The States Attorney and/Or any
other prosecuting officer of any county
subtitle may occur shall prosecute any
person accused of any violation of this
subtitle and shall also, at the request
Of the Board, or it's 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 it can be established that
the fruit or vegetable passed inspection
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 al prima facie evil
dence in any Court Of the facts con
tanned therein.
IS. 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
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