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 outside 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 figures 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 of uniform size, firm and mature, free from bruises and practically free from aphis honey dew and other defects. § 11 [There is no section of this number.] § 11a. Sale of immature or frozen citrus fruits. It shall be unlawful for anyone to sell, offer for sale, ship or deliver for shipment any citrus fruits, which are immature or frozen to the extent of injuring the reputation of the citrus industry of the state of California if shipped, and for anyone to receive any such citrus fruits under a contract of sale, or for the purpose of sale, or for shipment, or for delivery for shipment; provided, however, that nothing in this section contained shall be construed to prevent the sale or shipment for sale of frozen or otherwise defective fruit to a by-product factory, or the manufacture thereof into citrus by-products; nor shall this section apply to the sale, or contract for sale, of citrus fruits on the trees, nor shall it apply to common carriers or their agents who are not interested in such fruits and are merely receiving the same for transportation. § 11b. Matured oranges. An orange shall be deemed properly matured for sale, or to be offered for sale, for shipment or to be offered for shipment, under the provisions of this act, either when the juice contains soluble solids equal to, or in excess of, eight parts to every part of acid contained in the juice, the acidity of the juice to be calculated as citric acid without water of crystallization, or when the orange is substantially colored on the tree. The foregoing provisions shall not apply to shipments of oranges to foreign countries other than the Dominion of Canada, during any season, provided such shipments are made after the first day of November. § 12. Name marked on containers. All containers of fruit of a kind specified in this act, except subcontainers, when packed and offered for sale, shall bear upon them in plain sight and in plain letters on the outside thereof, the name of the orchard where the same was produced, with the post office address thereof, or the name and postoffice address of the person, firm, company or corporation, or organization who shall have first packed or authorized the packing of the same, or the name under which such packer shall be engaged in business, together with the postoffice address of such packer. § 13. Office of "inspector of fresh fruits" created. "Inspectors in chief of fresh fruits." The office of "inspector of fresh fruits" is hereby created for each and every county in the state. The horticultural commissioner of each county, and all deputy horticultural commissioners shall be ex-officio inspectors of fresh fruits thereof, and the district inspectors under each county horticultural commissioner are ex-officio "deputy inspectors of fresh fruits" in their respective districts. The board of supervisors shall appoint as many deputy "inspectors of fresh fruits" as are necessary to carry out the provisions of this act. Their term of office shall be for such time as is deemed necessary by said board of supervisors. For the purpose of creating and securing unity in inspection, the offices of "inspectors in chief of fresh fruits" are hereby created, and the state commissioner of horticulture and his chief deputy, for the purposes of this act, are hereby made ex-officio such inspectors in chief and shall, where there is a dispute or difference between the inspectors of fresh fruits of two or more counties, or where the interpretation of inspection standards between two or more counties differs materially, have the power and authority to settle the dispute between the inspectors of fresh fruit of such counties and to fix reasonable standards between such counties where they materially differ. § 14. Appointment when no commissioner of horticulture. If in any county or city and county of this state, there is no commissioner of horticulture, it shall be the duty of the board of supervisors thereof to appoint an inspector of fresh fruits and such deputy inspectors of fresh fruits as the said board of supervisors shall deem necessary. Such inspectors and deputy inspectors of fresh fruits shall be appointed to serve for such time during each year as fresh fruits are being packed or shipped in said county or city and county. The salary of an inspector of fresh fruits shall be five dollars per day and necessary traveling expenses. The salary of a deputy inspector of fresh fruits shall be three dollars and fifty cents per day and necessary traveling expenses. § 15. Deputy state commissioner of horticulture assigned, when. In case the board of supervisors of any county, or city and county, shall fail or neglect, for thirty days after receipt of a written request from the state commissioner of horticulture, to appoint an inspector of fresh fruits, or necessary deputy inspectors of fresh fruits for such county, or city and county, then the said state commissioner of horticulture shall forthwith assign to said county, or city and county, one or more deputy state commissioners of horticulture, as he shall deem necessary, and such deputy or deputies shall perform all of the duties, within the said county or city and county to which assigned, as is provided in this act to be performed by an inspector of fresh fruits. The actual cost of services rendered by an inspector or deputy inspector, as the case may be, of fresh fruits, assigned to any county in pursuance hereof, together with his necessary traveling expenses shall be a county charge and shall be paid in the same manner in which other claims against the county are paid. § 16. Removal. Vacancy. The board of supervisors shall remove any inspector of fresh fruits and the inspector of fresh fruits shall remove any deputy upon proper showing of neglect of duty, malfeasance in office, or general unfitness for office. Whenever a vacancy in the office of inspector of fresh fruits or depupty inspector of fresh fruits occurs, the vacancy shall immediately be filled by the appointing power. § 17. [There is no section of this number.] § 17a. Power of inspector. Every inspector of fresh fruits and every deputy inspector of fresh fruits shall have power to enter and to inspect every place within the county for which he has been appointed where any fruit mentioned in this act is produced, packed, shipped, delivered for shipment, offered for sale or sold, and to inspect such places and all such fruits and the containers thereof and the equipment found in any such places. § 17b. Duty of inspector. It shall be the duty of the inspectors or deputy inspectors of fresh fruit in their respective districts to enforce the provisions of this act and to cause the prosecution of any person, firm, corporation or organization, whom they know or have reason to believe is guilty of the violation of its provisions. § 17c. Inspectors have powers of peace officers. An inspector or deputy inspector of fresh fruits in the performance of their duties shall have the same powers as are 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 such amount of any pack, load, consignment or shipment of fresh fruit packed 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 this act. § 17d. Duty of district attorney. It shall be the duty of the district attorney of each and every county in the state to prosecute all persons charged with any violation of this act. § 18. Lawful to refuse shipments in violation of act. It shall be lawful for any fresh fruit forwarding person, firm, corporation or organization and for any common carrier to decline to accept for shipment or transportation and to decline to ship or transport any fresh fruits which upon inspection are found to be packed in violation of the provisions of this act, and any such fruit forwarder or common carrier may reserve the right in any receipt, bill of lading or other writing given to the consignor, thereof, to reject for shipment and to return to such consignor or hold at the expense and risk of the latter, all fresh fruits which upon inspection are found to be packed in violation of the provisions of this act. § 19. Penalty for violation. No person, firm, corporation, company or organization shall pack or cause to be packed for sale, or shipment, or shall ship or sell or offer for sale fruit which, or the container or subcontainer in which, the same shall be contained, shall in any respect fail to comply with the requirements of this act. Any person, firm, corporation, company or organization who shall violate the provisions of this act shall be deemed to be guilty of a misdemeanor. § 20. Conflicting laws. All laws in conflict with this act or any part thereof are hereby repealed only in so far as they may conflict with any of the provisions of this act. § 21. 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, or 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 1915, p. 1298; ante, Act 2803. ACT 2805. An act to promote the development of the California fruit, nut and vegetable industry in state and interstate markets, and to protect the state's reputation in these markets by establishing standards and standard packages for certain fruits, ruts and vegetables specified therein, and to prevent deception in the packing and sale of fruits, nuts and vegetables, to provide for the certification of fruits and vegetables including the payment of fees, to prescribe penalties |