Pennsylvania Act 1929-97 — FRUIT AND VEGETABLE GRADING LAW

Act text

FRUIT AND VEGETABLE GRADING LAW
                  Act of Mar. 28, 1929, P.L. 86, No. 97               Cl. 31
            (Act reenacted and amended May 21, 1943, P.L.412,
                                 No.191)

                                  AN ACT

     Relating to the grading and sale of potatoes, apples and peaches
        in this Commonwealth; providing penalties for violations; and
        imposing certain duties upon the Department of Agriculture.
        (Title amended July 9, 1976, P.L.922, No.172)
        Section 1.  Be it enacted, &c., That the term "closed
     package," wherever used in this act, shall mean a basket, box,
     bag, or other container the contents of which cannot be
     adequately inspected without opening it except when packaged in
     packages of less than three pounds net weight or twelve specimen
     and if fifty per cent of each specimen is visible to the
     consumer. The terms "shipment" or "ship for sale," wherever used
     in this act, shall mean movement to market in a railroad car,
     motor truck, or other medium of transportation, but shall not be
     construed to include process of delivery to a local warehouse or
     shipping station.
        (1 amended July 9, 1976, P.L.922, No.172)
        Section 2.  The Secretary of Agriculture of the Department of
     Agriculture of this Commonwealth is hereby authorized and
     empowered, after investigation, to establish and promulgate
     official standards of quality for grading and classifying
     potatoes, apples and peaches and to change any of them from time
     to time. The official standards so established and promulgated
     shall be the same in their requirements as the requirements of
     the official standards for corresponding grades of potatoes,
     apples or peaches as promulgated from time to time by the
     Secretary of Agriculture of the United States, which standards
     are commonly known as "United States Grades."
        From and after the establishment of specific grades or
     standards of quality as hereinbefore provided potatoes, apples
     and peaches in closed packages shall not be shipped for sale or
     thereafter sold or exposed for sale except by the grades or
     standards so established: Provided, however, That potatoes,
     apples and peaches not graded and classified as to quality may
     be shipped for sale or sold exposed for sale as "unclassified,"
     if so marked in a conspicuous manner in accordance with rules to
     be adopted by the Secretary of Agriculture of the Department of
     Agriculture of this Commonwealth as hereinafter provided.
        (2 amended July 9, 1976, P.L.922, No.172)
        Section 3.  Potatoes, apples and peaches in closed packages,
     if not definitely marked as "unclassified" as hereinbefore
     provided, shall be marked in a plain and conspicuous manner with
     a statement of (1) the grade, (2) the contents in cubic measure
     or weight, (3) the name and address of the person or association
     under whose authority the potatoes, apples or peaches are
     packed.
        In case the marking is changed the person making the same
     shall cancel the name and address included in the original
     marking and substitute therefor his own name and address.
        (3 amended July 9, 1976, P.L.922, No.172)
        Section 4.  (a)  No person shall sell, expose for sale, or
     transport for sale, potatoes, apples or peaches in closed
     packages if the package containing them, the label on them, or
     any advertising accompanying them, shall bear any statement,
     design, or device regarding the potatoes, apples or peaches,
     which shall be false or misleading in any particular.
        (b)  No person shall sell, expose for sale, or transport for
     sale in closed packages, potatoes, apples or peaches packed in
     such manner that the face or shown surface shall not be an
     average of the contents of the package.
        (c)  When potatoes, apples or peaches in closed packages are
     delivered to a common carrier for shipment such delivery shall
     be presumptive evidence that the potatoes, apples or peaches are
     intended for sale.
        (4 amended July 9, 1976, P.L.922, No.172)
        Section 5.  Any person who violates any of the provisions of
     this act shall, upon summary conviction thereof, for the first
     offense be sentenced to pay a fine of not less than twenty-five
     dollars nor more than fifty dollars and the costs of
     prosecution, and for subsequent offenses be sentenced to pay a
     fine of not less than one hundred dollars nor more than five
     hundred dollars and the costs of prosecution, or in default of
     such fine and costs, be imprisoned in the county jail for not
     less than ten days nor more than thirty days. All penalties,
     costs, and fines collected under this act shall be paid to the
     Secretary of Agriculture of the Department of Agriculture of
     this Commonwealth, or his agent, and by him shall be paid into
     the State Treasury for the use of the Commonwealth.
        (5 amended July 9, 1976, P.L.922, No.172)
        Section 6.  The enforcement of this act shall be vested in
     the State Department of Agriculture, and its officers, employes
     and agents are authorized to enter upon the premises of any
     person within this State when he is selling or offering for sale
     potatoes, apples or peaches and securing evidence of violation
     of this act; and the Secretary of Agriculture of this
     Commonwealth is hereby authorized to make such rules and
     regulations as may be necessary for enforcing its provisions.
        (6 amended July 9, 1976, P.L.922, No.172)
        Section 7.  This act as amended shall take effect June first,
     one thousand nine hundred and forty-three.
        Section 8.  All acts and parts of acts inconsistent with this
     act are repealed.