Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1939-08-25
CHAPTER. Elk

AN ACT to add eleven new sections to
Article "a ct ot the Annotated Code Of
Agriculture" said new sections to be
known as Sections 20 to 80, inclusive,
to follow Immediately after Section
enacted by Chapter .437 Of the Acts
Of 1887 General SESSION., to be under
new subtitle to be known as
Fruits and Vegetables" relating to
vegetables and the marking of con-
tanners thereof.
Section l. Be it enacted by the Cen
eral Assembly Of Maryland, That eleven
added to Article "a of the Annotated
Code Of Maryland C19S5 Supplement-,
title Agriculture" said new sections to
be known as Sections 20 to 80. inclu-
sive, to follow Immediately after Sec
ton % Of said Article, as said section
was enacted by Chapter 4S7 of the Acts
OF 1897 General Session., to be under
new subtitle to be known as Fruits
90. For the purpose of this subtitle,
unless otherwise required by the con-
lal The term Board" means the State
-, (bl The term Department" means
the State Department of Markets.
lc) 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 for sale, packed for sale, trans
ported for sale, shipped or presented
but 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
for lntrastate or interstate shipment, in
the present, future or past lenses.
through, the Maryland State Department
OF Markets and its duly authorized
agents may, after investigation and pub
Tic hearing: ~ prescribe from time to
any fruit or vegetable, ~ promulgate
from time to time rules and regulations
governing the markings which shall be
required upon containers of any fruit
inga 1a( the true grade andIor size Of
the product in accordance with any such
standards or grades promulgated by
me ada,a Board' "a. and/or lbl the name and
&C.. the name Of the State where grown.
and/or ldl the variety, quantity, quail.
1ty condition and size Of the product.
81. standards. grades, rules or regu-
shall not take effect until thirty (SO)
days after having been officially adopted,
put thereafter, every container Of any
fruit or vegetable shall bear plainly and
IUeIeOI
such markings as are prescribed by the
!serd under the, provisions Of this SUBJ
81 g; No standard, grade, rule or regu-
shall affect the right of any person to
sell MS fruit or vegetable without con-
forming thereto, but no person shall
marx MS fruit or vegetable, or container
mat MS fruit or vegetable conforms
with any standard or grade Of the Board
unless he shall have conformed with
an rules and regulations of the Board
80. The Board, Though the Depart
ment and its agents, shall enforce the
provisions Of this subtitle and may
promuIgate and enforce such rules and
cure uniformity in the enforcement Of
this subtitle and the proper marking Of
containers of any fruit or vegetable.
>. 81 All persons whose power or duty
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 nec-
eSsary to determine whether or not this
subtitle has been violated.
80. Any person violating any pro-
visions of this subtitle or wilfully in
CerIerlnS WITH the bOarQ or It's duly
authorized agent in the performance Of
its duties, is guilty Of misdemeanor
and shall, upon conviction, be fined
not less than $500 nor more than $4,000
for the first Offense, and not less than
$4,000 nor more than $4,000 for the
second 0ffense, and not less than $25000
for each subsequent offense.
SO. 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 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 it 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
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.
3S. Any person who sells any. fruit
or vegetable in container. which is
not properly marked shall not be prose-
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 sub-tit shall not be con-
Ss5ps ed. Ss ~ z an, existing a f X.
nNvvNra and f1nffao harain vaafcd IN fha