Sec. 6. Penalty.-Any person, firm or corporation, violating any of the provisions of this act shall be guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars or more than one hundred dollars.

Stats. and Amendments, 1925, ch. 350, p. 625.

Sec. 1. Title of act.-This act shall be known, and for any and all purposes may be designated and referred to, as "the California fruit and vegetable standardization act of 1925."

Sec. 2. Standards for fruits, nuts, and vegetables established.-To promote the development of the California fresh fruit, nut and vegetable industry and to prevent deception in the packing, shipping or sale of fruits, nuts and vegetables for State or interstate shipment, there are hereby created and established certain standards and standard packages for walnuts, avocados, apricots, berries, cantaloupes, cherries, grapes, melons, oranges, peaches, pears, plums, prunes, quinces, head lettuce, onions, potatoes, sweet potatoes, and tomatoes.

Sec. 4. Enforcement of act; additional grades and rules; additional standard packages; change of rules, etc.-The director of agriculture is hereby empowered, through his duly authorized agents, and the county horticultural commissioners of each county of the State, their deputies and inspectors, to enforce all the provisions of this act. The director of agriculture shall have supervision and control over all enforcing officers of this act in the State of California. The refusal of any officer to carry out the orders and directions of the director of agriculture in the enforcement of this act shall be deemed neglect of duty. The director of agriculture is also empowered to establish and enforce such additional grades and grading rules as may be deemed necessary on fruits, nuts, and vegetables, which shall not conflict with any provided for in this act, after a thorough investigation has been made of the needs of the particular fruit or vegetable for which grades are contemplated. Such grades or grading rules must, before they become effective, be approved in one or more public meetings attended by representative growers and shippers of the locality interested in the industry affected. Such meetings shall be advertised at least once in a newspaper published in that locality one week or more prior to the meetings; said meetings shall be presided over by the director of agriculture, or any of his duly authorized agents, and shall, in so far as possible and practicable, be conducted at such place or places that can be conveniently reached by representatives of the affected industry. In like manner the director of agriculture may provide for standard packages other than those provided for in section seven of this act. Grades and grading rules established in accordance with the provisions of this section shall not be modified during the current shipping season of the fruits or vegetables for which such grades were established excepting as hereinafter provided, nor shall standard packages be changed without two years notice to the industry involved. On receipt of a written appeal signed by at least twenty-five representative growers and shippers of the commodity for which grades, grading rules or standard packages have been established under the provisions of this section, protesting against the grades, grading rules or standard pack

ages so established, the director of agriculture shall call a hearing within ten days after the receipt of such an appeal. Due notice shall be given by the director of agriculture to all interested parties of the date and place of such hearing and the grades, grading rules or standard packages established shall be sustained, modified, or revoked in the discretion of the director of agriculture on the basis of the evidence presented. If such grades, grading rules or standard packages are not changed or modified by the director of agriculture in accordance with the provisions of this section they shall continue to be in full force and effect. Grades, grading rules and standard packages established under the provisions of this section shall be promulgated by the director of agriculture, published in one or more newspapers and farm journals of general circulation in the State of California. * * *

Sec. 6. Definitions.-When used in this act the words herein mentioned shall be defined as follows: "Packages" shall mean any box, crate, lug, basket, barrel, drum, sack, or other container used for packing, shipping or selling fruits, nuts or vegetables. "Pack, packing or packed," shall mean the regular compact arrangement of all or part of the fruit or vegetables in any container or subcontainer used for the purpose of sale or transportation for sale. "Deceptive pack "shall mean any package of fruits, nuts or vegetables, which has in the outer layer or the exposed surface fruits, nuts or vegetables which are so superior in quality, size or condition to those in the interior of the package, or the unexposed portion, as to materially misrepresent the entire contents. "Container" shall mean any box, crate, or other package utilized in handling nuts or fresh fruit or vegetables. "Subcontainer" shall mean any basket or other receptacle used within a container. *

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Sec. 7. Standard packages; apricot, plum and grape basket; berry baskets; other standard containers; lettuce crates; cantaloupe crates.Standard packages are hereby established as follows:

(1) Standard apricot, plum and grape basket, approximately eight inches square on top, six and one-half inches on bottom, and four inches deep, inside measurements.

(2) Standard berry baskets, dry pint containing an interior capacity of approximately thirty-three and six-tenths cubic inches and dry one-half pint containing interior capacity of approximately sixteen and eight-tenths cubic inches: Provided, That the standard basket for strawberries shall be the dry pint.

(14) Standard lettuce crates, depth, inside in inches, thirteen; width, inside in inches, eighteen; length, inside in inches, not less than twenty-one and three-fourths; length outside in inches not more than twenty-four and one-half.

Inside length of lettuce crates shall be considered between end slats, excepting that if flat end posts wider than one and one-half inches are used, the inside length shall be considered between the posts.

(15) Standard cantaloupe crates, twelve inches by twelve inches by twenty-two and one-half inches, to be packed with thirty-six or forty-five cantaloupes; four inches by twelve inches by twentytwo and one-half inches, to be packed with nine, twelve or fifteen cantaloupes; eleven inches by eleven inches by twenty-two and onehalf inches, to be packed with forty-five or fifty-four cantaloupes; thirteen inches by thirteen inches by twenty-two and one-half inches, to be packed with thirty-six or forty-five cantaloupes; four and onehalf by thirteen and one-half by twenty-two and one-half inches, containing nine, twelve or fifteen cantaloupes. All cantaloupe packs other than those provided in this section shall be conspicuously marked in letters not less than one-half inches in height "irregular pack."

Sec. 8. Labels on containers; walnut sacks; subcontainers; net weight; "face and fill.”—All containers of fruit of a kind specified in this act, except subcontainers, when packed, and of walnuts when sacked for shipment or sale, shall bear upon them in plain sight and in plain letters on the outside thereof the following: Name of the orchard or place where the same was produced, with the post-office address thereof or the name and post-office address of the person, firm, company or corporation, or organization who shall have first packed or authorized the packing of same, or the name under which such packer shall be engaged in business, together with the post-office address of such packer; name of variety, if known, and when not known the words" unknown variety "; net weight, excepting oranges, and the approximate number of fruits in the container or subcon

tainer, which number shall be within four of the true count: Provided, That in lieu of the approximate number of fruits, the numerical description of pack may be used, excepting that no designation relative to number or count shall be required in the case of walnuts, grapes, cherries, or berries: And provided further, That no container or subcontainer shall have less than the minimum stamped thereon. When two or more varieties are packed or placed in a container, they shall be labeled "Mixed varieties." In addition to the other marks required, all packages of walnuts when sacked for shipment or sale, shall be plainly and conspicuously marked in letters not less than one and one-half inches in height, in the English language, with the name of the State or of the foreign country where the nuts were produced.

All containers of packed vegetables of a kind specified in this act, when packed or offered for sale, shall bear upon them in plain sight and in plain letters on the outside thereof the following: Name of place where the same was produced, with the post-office address thereof, or the name and post-office address of the person, firm, company or corporation, or organization who shall have first packed or authorized the packing of same, or the name under which such packer shall be engaged in business, together with the post-office address of such packer; and in the case of tomatoes the net weight. All crates of lettuce, in addition to the markings required above, shall be conspicuously stamped or stenciled, on the outside thereof, in figures not less than one-half inch in height, with the exact number of heads contained therein, provided that, in the case of crates marked "irregular pack," the contents may vary not more than three heads from the count as marked.

Standard or other containers when used as subcontainers are exempt from the provisions regarding marking, when the container in which they are placed is marked in compliance with the terms of this section. No containers or subcontainers of fruits, nuts, or vegetables shall bear grade or other designations that are in any way false or misleading. Nothing in this act shall be construed to conflict with any California or Federal regulations regarding net weight markings on containers or subcontainers.

Containers in which the fruit in the top layer only is placed in regular compact arrangement, excepting cherries, berries, and grapes, shall be labeled "Face and fill" in lieu of the approximate number of fruits.

Sec. 9. Fresh fruits and vegetables to be sold in standard containers.All fresh fruits and vegetables of the kinds specified in this act, except such as shall be used in the manufacture of by-products, when prepared or offered for sale or sold, shall be packed or placed in standard containers, which are hereby established, and shall conform to all provisions of this act: Provided, That, with the exception of berries, other sized containers may be used if conspicuously marked in letters not less than one-half inch high "Irregular container": Provided, further, That in the case of avocados, oranges, onions, potatoes, and sweet potatoes, for which standard packages are not established in this act, the packages used shall not be required to be marked "Irregular container."

Sec. 11. Inspectors.-The horticultural commissioner of each county, his deputy and inspectors, shall be, by virtue of their office,

inspectors of fruits, nuts, and vegetables under this act in their respective counties.

Sec. 12. Powers and duties of enforcing officers.-All enforcing officers under the provisions of this act shall have power to enter and to inspect every place within the county for which they have been appointed where any fruits, nuts or vegetables are produced, stored, packed, shipped, delivered for shipment, offered for sale or sold, and to inspect such places and all such fruits, nuts and vegetables and the containers thereof and equipment found in any such places, or when being transported. It shall be the duty of all enforcing officers mentioned in this act, to carry out the provisions of this act in their respective districts, and to cause the prosecution of any person, firm, corporation or organization, whom they know or have reason to believe to be guilty of the violation of any of its provisions. Any enforcing officer in the performance of his duties shall have the same powers possessed by peace officers of the city, county, or State, and shall have the right while exercising such police powers to seize and hold as evidence part or all of any pack, load, consignment or shipment of fresh fruits, nuts or vegetables packed, shipped, delivered for shipment, offered for sale or sold in violation of this act, as may in his judgment be necessary to secure the conviction of the party he knows or believes has violated or is violating any of the provisions of this act. He may start proceedings in any court of the county, or city and county, within his jurisdiction to secure the conviction of the party or parties who have violated any of the provisions of this act. It shall be the duty of the district attorney of said county, or city and county, in which any violation of this act may occur, to prosecute the person, firm, company, organization or corporation accused of such violation and also, at the request of the director of agriculture or his duly authorized agents, to institute and prosecute such action as may be authorized under the provisions of this act.

Sec. 14. Penalties.-It shall be unlawful for any person, firm, company, organization or corporation to pack or cause to be packed for sale or shipment, import, sell, offer for sale, or deliver for shipment any of the fresh fruits, nuts or vegetables specified in this act that do not conform to the standards herein provided. It shall also be unlawful to prepare, sell or offer for sale, a deceptive pack of fresh fruits, fresh vegetables, nuts, dried fruits or dried vegetables, or to mislabel any package of such fruits, nuts or vegetables. Any person, firm, company, corporation or organization who shall violate of the provisions of this act shall be deemed to be guilty of a misdemeanor.

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Sec. 15. Rules by director of agriculture. The director of agriculture is empowered to define, promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions of this act, and to prescribe the limits of tolerance within which deviations from the standard dimensions set forth in section seven shall be permitted.

Stats. and Amendments, 1925, ch. 58, p. 131.

Sec. 2. Standard grades; standard container; irregular container.The following standard grades and standard box are hereby estab