§ 6. Peaches, apricots, pears, plums and prunes. Peaches, apricots, pears, plums and prunes, shall be of practically uniform size, quality and maturity. When packed in crates, packages or containers made up of two or more subcontainers having sloping sides, for the purpose of ventilation of the fruit therein, the fruit shall not vary in size more than ten per cent and no layer below the top layer shall contain a greater numerical count than the top layer. Each box, crate, package, container or subcontainer shall be stamped upon the outside with the minimum weight of its contents. Each box, crate, package or container, except subcontainers, shall bear in plain letters the name of the variety contained therein. When packed in a box, package or container having perpendicular sides and ends, each box shall contain approximately the same numerical count in each layer; provided, that when peaches are packed in boxes, packages or containers, having perpendicular sides the box, package or container shall also be marked upon the outside of the end thereof in plain figures with the approximate number of peaches in the box, which shall be within four peaches of the true count.

§ 7. Grapes. Grapes packed for table use shall be of uniform quality and maturity and shall be well matured and show a sugar content of not less than seventeen per cent Balling's scale, except Emperor, which shall show not less than sixteen per cent Balling's scale. Each crate or other package and containers therein shall bear in plain figures the minimum weight of contents. Each crate or package except subcontainers shall be stamped in plain letters with the name of the variety.

§ 8. Berries. Berries shall be packed in uniform packages of dry quart containing an interior capacity of sixty-seven and two-tenths cubic inches, or dry pint containing an interior capacity of thirtythree and six-tenths cubic inches and shall be reasonably uniform in size, quality and maturity throughout the package or container.

§ 9. Cantaloupes. Cantaloupes shall be placed in standard crates twelve by twelve by twenty-three and one-half inches containing forty-five cantaloupes of uniform size and maturity. Pony crates eleven by eleven by twenty-three and one-half inches containing forty-five contaloupes of uniform size and maturity. Jumbo crates four and one-half by thirteen and one-half by twenty-three and onehalf inches containing twelve cantaloupes of uniform size and maturity or containing fifteen cantaloupes of uniform size and maturity.

§ 10. Name of orchard. All boxes, crates, packages or containers of deciduous fruits of the kinds specified in this act, except subcontainers, when packed and offered for sale, or for transportation for sale, shall bear upon them in plain sight and plain letters on the outside the name of the orchard, if any, and the name and postoffice address of the person, firm, company, corporation or organization, who shall have first packed or authorized the packing of the same, also the name of the locality where the fruit is grown.

§ 11. Duty of county horticultural commissioners. In counties having a county horticultural commissioner it shall be his duty (and the duty of his deputies acting as inspectors), which office is hereby

created, to enforce the provisions of this act. Additional inspectors shall be appointed by the county horticultural commissioner, upon petition of like nature and at the same pay as provided in section 12 of this act; provided, that any county having and enforcing a standard higher than the standard in this act shall be exempt from the provisions of this act upon declaration to such effect by the state horticultural commissioner.

§ 12. Appointment of inspectors. In a city and county or in counties having no county horticultural commissioner, or deputy, it shall be the duty of the county board of supervisors, upon petition filed with them to appoint inspectors. Said petition shall be signed by at least twenty-five bona fide fruit growers residing in that county, or city and county. The inspectors shall receive for their services the sum of three and one-half dollars per day to be paid monthly upon warrants drawn upon the county treasurer. Upon the petition of twenty-five resident freeholders who are fruit-growers or shippers of fruit, the county horticultural commissioner, or board of supervisors, where there is no county horticultural commission, shall immediately remove said inspector for neglect of duty, malfeasance in office, or general unfitness for office. In case of such removal the office shall immediately be filled.

§ 13. Penalty. Any person, firm, company, corporation, or organization, who shall knowingly pack, or cause to be packed, fruit of the kinds specified herein, in boxes, crates, packages, containers, or subcontainers, to be offered for sale or for transportation for sale, in willful violation of this act, shall be guilty of a misdemeanor.

§14. Acts repealed. All laws in conflict with this act or any part thereof are hereby repealed.

§ 15. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Compare the Act of 1917, p. 909; post, Act 2804.

АСТ 2804.

An act to promote the development of the California fresh fruit industry in state and interstate markets, and to protect the state's reputation in these markets by establishing a standard for the packing of certain fresh fruits specified therein, and to prevent deception in the packing, prescribing penalties for the violation of the provisions hereof, and repealing all acts inconsistent herewith. [Approved May 24, 1917. Stats. 1917, p. 909. In effect July 27, 1917.] Compare the Act of 1915, p. 1298. See prior act.

§ 1. Standard for packing fresh fruits.

§ 2.

Application.

§ 3.

Free from diseases.

§ 11a. Sale of immature or frozen citrus fruits.

§ 10.

Cantaloupes.

§ 11.

No section of this number.

§ 13.

§ 11b. Matured oranges.

Office of "inspector of fresh fruits" created. "Inspectors in chief of fresh fruits."

§14. Appointment when no commissioner of horticulture.

§ 15.

§ 16.

Deputy state commissioner of horticulture assigned, when.
Removal. Vacancy.

§ 17. No section of this number.

§ 17a. Power of inspector.

§ 17b. Duty of inspector.

§ 17c. Inspectors have power of peace officers.

§ 17d. Duty of district attorney.

§ 18. Lawful to refuse shipments in violation of act.

$ 19. Penalty for violation.

$20. Conflicting laws.

§ 21. Constitutionality.

§ 1. Standard for packing fresh fruits. To promote the development of the California fresh fruit industry and to prevent deception in packing for state or interstate shipment, there is hereby created and established a "standard" for the packing of fresh fruits of the kinds specified in this act.

§ 2. Application. Unless specifically excepted in this act, all of its provisions shall be applicable to all fresh fruits specified herein when packed, shipped, delivered for shipment, offered for sale or sold in any container or subcontainer.

§ 3. Free from diseases. All fresh fruits of the kinds specified in this act when packed shall be practically free from insects and fungous diseases.

§ 4. Fruits exempt. All fresh fruits of the kind specified in this act, except citrus fruits, which shall be sold in bulk or loose in the box or in any other manner, excepting in standardized packs as provided in this act (excepting grapes, which must conform to the sugar standards provided in section eight a hereof), shall be exempt from the provisions of this act.

§ 5. Words defined. When used in this act the words herein mentioned shall be defined as follows: "Pack, packing or packed," shall mean the regular compact arrangement of all or part of the fruit in any container or subcontainer used for the purpose of sale or transportation for sale. The words "in bulk or loose in the box without packing" shall mean the indiscriminate placing without any thought of regular arrangement of any of the kinds of fresh fruit mentioned in this act into a box, wagon or other receptacle used for the purpose of sale or transportation for sale.

The words "fresh fruit" shall mean the fresh product of any tree, vine or plant mentioned in this act.

The word "maturity" shall mean a degree of ripeness fit for shipment. The word "county" includes a consolidated "city and county."

The word "container" shall mean any box, crate or other package used to hold or contain packed fresh fruit.

The word "subcontainer" shall mean any basket or other receptacle used within a container of packed fresh fruit.

§ 6. Cherries. All cherries packed in containers or subcontainers shall contain cherries well colored, of practically uniform size, quality, and maturity and one variety only, excepting that such containers may contain more than one variety if such fact be plainly stamped on the cutside thereof with the words "mixed varieties" with letters not less than one-half inch high. Each container or subcontainer shall be stamped on the outside with the mimimum weight of contents and the container shall have the name of variety or varieties stamped thereon.

§ 7. Peaches, apricots, pears, etc. Peaches, apricots, pears, quinces, tomatoes, plums and prunes when packed shall be of practically uniform size, quality and maturity. When packed in containers made up of two or more subcontainers having sloping sides, for the purpose of ventilation of the fresh fruit therein, the contents shall not vary in size more than ten per cent in each layer, and not more than twenty per cent in the whole subcontainer, and no layer below the top shall contain a greater numerical count than the top layer. Each container or subcontainer shall be stamped upon the outside with the minimum weight of its contents. Each container shall bear in plain letters the name of the variety contained therein. When packed in a container having perpendicular sides and ends, each shall contain approximately the same numerical count in each layer; provided, that when peaches are packed in containers having perpendicular sides the container shall also be marked upon the outside of the end thereof in plain figures with the approximate number of peaches in the box, which shall be within four peaches of the true count.

When the fresh fruits mentioned in this section are packed in containers known to the trade as "lug" boxes, the provisions of this section appertaining to variety, numerical count and marking shall not apply.

§ 8. [There is no section of this number.]

§ 8a. Table grapes. Table grapes, when packed, shall be of practically uniform quality and shall be well matured and show a sugar content of not less than seventeen per cent Balling scale, except Emperor, Gros Coleman and Cornichon, which shall show not less than sixteen per cent Balling scale. Each crate or package except subcontainers shall be stamped in plain letters with the name of the variety of grapes therein. Each container, or subcontainer, shall be stamped in plain fig. ures and letters upon one end with a minimum net weight, and no container or subcontainer shall contain less than the mimimum stamped thereon. Irregular containers in addition thereto, shall be plainly marked "irregular" and have the actual gross weight stamped thereon.

§ 8b. Standard containers for table grapes. "Irregular containers." The standard containers for table grapes when packed shall be:

1. Standard crate, which after packing when measured at the end, shall not exceed five inches between the top and bottom and when measured in the center shall not exceed five and three-fourths inches between the top and bottom and containing a minimum net weight of not less than twenty-four pounds.

2. Double crates containing a minimum net weight of not less than forty-eight pounds.

3. One-half crates containing a minimum net weight of not less than twelve pounds.

4. Thirty pound lugs containing a minimum net weight of not less than twenty pounds.

5. Forty pound lugs containing a minimum net weight of not less than thirty-two pounds.

6. Fifty pound lugs containing a minimum net weight of not less than forty-two pounds.

7. Williams lugs containing a minimum net weight of not less than twenty-four pounds.

8. Kegs or drums packed with sawdust or other preserving material, containing a minimum net weight of not less than twenty-nine pounds and a maximum net weight of not more than thirty-five pounds.

9. All other containers of table grapes shall be "irregular" containers. § 9. Standard container for berries. The standard container for berries shall be: Dry quart containing an interior capacity of sixty-seven and two-tenths cubic inches, or dry pint containing an interior capacity of thirty-three and six-tenths cubic inches, or dry one-half pint containing an interior capacity of sixteen and eight-tenths cubic inches, or baskets four and one-half by four and one-half by two and one-fourth in depth, or baskets four and one-half by four and one-half by two in depth, or baskets four and one-half by four and one-half by one and three-eighths in depth; all measurements are in inches or fractions thereof. All other sizes shall be marked "irregular." When packed, the berries in any container or subcontainer shall be practically uniform throughout the container, or subcontainer, in quality, color and maturity. Irregular containers shall be marked "irregular."

§ 10. Cantaloupes. Cantaloupes packed in containers as follows shall be known as standard packed:

Standard crates twelve by twelve by twenty-two and one-half inches containing forty-five or thirty-six cantaloupes;

Pony crates eleven by eleven by twenty-two and one-half inches containing forty-five or fifty-four cantaloupes;

Jumbo crates thirteen by thirteen by twenty-two and one-half inches containing thirty-six or forty-five cantaloupes;

Standard flats four by twelve by twenty-two and one-half inches containing twelve or fifteen cantaloupes;

Jumbo flats four and one-half by thirteen and one-half by twenty-two and one-half inches containing twelve or fifteen cantaloupes.

All measurements herein to be inside measurements without distention. All other sizes of containers when packed shall be marked "irregular." All standard packs shall be marked "standard." All containers when packed shall have the number of cantaloupes contained therein stamped in plain figures on the label end of the crates with figures not less than one-half inch high. All cantaloupes when packed shall be fully netted