for violation of the provisions hereof and to repeal an act entitled "An act to promote the development of the California fruit 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 and vegetables specified therein, and to prevent deception in fruit packages, prescribing penalties for violation of the provisions hereof and making an appropriation for the enforcement of all provisions hereof, and repealing all acts inconsistent herewith," approved May 27, 1919.

[Approved June 3, 1921. Stats. 1921, p. 1234. In effect August 2, 1921.]

Amended 1923, p. 663.

1. Title of act.

§ 2.

Standards for fruits and vegetables established.

§ 3. Conditions of packing.

Enforcement by director of agriculture. Approval of grades by
growers. Appeal. Publication of grades.
Fruits or vegetables for preserving, etc.

Definitions.

§ 4.

§ 5.

§ 6.

§ 7.

Standard packages.

§ 8.

Labels on containers.

§ 9.

$10.

§ 11.

§ 12.

Powers of enforcing officers.

§ 13. §14.

§ 15.

Fresh fruits and vegetables to be packed in standard containers.
Sugar content of grapes. Oranges. Head lettuce. Cantaloupes.
Horticultural commissioners to be inspectors.

Rejection of shipments delivered in violation of act.
Penalties.

Rules by director of agriculture.

§ 16. Certificates showing quality of products.

§ 17. Constitutionality.

§ 18. Stats. 1919, p. 1221, amended.

§ 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."

§ 2. Standards for fruits 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, apricots, berries, cantaloupes, cherries, grapes, melons, oranges, peaches, peais, plums, prunes, quinces, head lettuce, onions, potatoes, sweet potatoes, and tomatoes. [Amendment approved June 8, 1923. Stats. 1923, p. 663.]

§ 3. Conditions of packing. All fresh fruits, nuts and vegetables of the kind specified in section two of this act, except oranges which shall be governed by the provisions of section ten, and except such fruits and vegetables for which special grades shall be established under section four of this act, when being packed, or after packing, or when shipped. delivered for shipment, offered for sale or sold, in any container or subcontainer shall be mature but not overripe, well colored for the variety and locality, virtually uniform in quality, virtually free from insect, nematode and fungous pests, rots, bruises, frost injury, sunburn

and other serious defects, and except in the case of unpacked fruit or vegetables, shall be virtually uniform in size. When packed in layers there shall be approximately the same numerical count in each layer throughout a container or subcontainer having straight sides. In the case of sloping side containers no layer below the top layer shall contain a greater numerical count than the top layer.

§ 4. Enforcement by director of agriculture. Approval of grades by growers. Appeal. Publication of grades. 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 and vegetables for which standards have not been provided in this act, after a thorough investigation has been made of the needs of the particular fruit or vegetable for which grades are contemplated.

Approval of grades by growers. 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 and every grower and shipper in that locality of the. commodity in question whose name is on file with the department of agriculture shall be duly notified in writing of such 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.

Standard packages other than those provided. In like manner the director of agriculture may provide for standard packages other than those provided for in section seven of this act.

in

Modification of grades. Grades and grading rules established 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 nor shall standard packages be changed without two years' notice to the industry involved.

Appeal. On receipt of a written appeal signed by at least twentyfive 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 packages 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.

Promulgation of grades. 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 and distributed by mail to those growers and shippers affected whose names are on file with the department of agriculture.

use in

§ 5. Fruits or vegetables for preserving, etc. All fresh fruits or vegetables of the kind specified in this act intended for processing, preserving, or in the manufacture of by-products, shall be exempt from the provisions of this act; and any inspector of fresh fruits and vegetables may require from the owner or shipper of such fruits and vegetables such proof as he may deem necessary that they will be used in processing, preserving, or in the manufacture of by-products, and shall hold same until satisfactory proof is given; provided, however, that grapes must conform to the sugar standards in section ten hereof; and provided, further, that grapes shipped as "California commercial grade" which standard is hereby established, shall be shipped in standard "California lug box" plainly marked in letters not less than one-half inch in height with the designation "California commercial grade"; and shall consist of grapes showing not in excess of ten (10) per cent by weight of decayed, moldy, crushed or otherwise defective berries; but not more than one-half of this ten per cent shall consist of dried or partially dried berries. [Amendment approved June 8, 1923. Stats. 1923, p. 663.]

§ 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 or condition to those in the interior of the package, or the unexposed portion, as to materially misrepresent the entire contents. "Fresh fruit (except oranges) or fresh vegetables" shall mean the fresh product of any tree, vine or plant which produses edible fruits or vegetables suitable for human consumption. "Mature" shall mean a degree of ripeness fit for shipment. "Virtually uniform in size" shall mean in the case of packed fruits a difference in size of the various fruits as follows: pears, peaches and quinces, a variation of not more than one-half of an inch when measured through widest portion of cross-section; apricots, plums and prunes, a variation of not more than one-fourth of an inch when measured through widest portion of cross-section. "Virtually free" from insect, nematode and fungous pests, rots, bruises, frost injury, sunburn, and other serious defects, shall mean that the total defects shall not exceed ten per cent in any one package of fruits or vegetables, and

excepting grapes that there shall not be more than five per cent of any one defect. "By-product" shall mean any product manufactured from fresh fruits, fresh vegetables, or their juices. "County" shall include in its meaning a consolidated city and county. "Container" shall mean any box, crate, or other package utilized in handling fresh fruit or vegetables. "Subcontainer" shall mean any basket or other receptacle used within a container. "Substantially colored" shall mean at least seventy per cent color.

§ 7. Standard packages. 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.

Standards of other fruits.

(13) Special fruit lug

193

4

14

17

(14) Standard lettuce crate, 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.

(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 twenty-two and one-half inches, to be packed with nine, twelve or fifteen cantaloupes; eleven inches by eleven inches by twenty-two and one-half inches, to be packed with forty-five or fifty-four cantaloupes; thir

teen inches by thirteen inches by twenty-two and one-half inches, to be packed with thirty-six or forty-five cantaloupes; four and one-half 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 inch in height "irregular pack." [Amendment approved June 8, 1923. Stats. 1923, p. 664.]

§ 8. Labels 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 following: 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 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"; minimum net weight or approximate number of fruits in the container or subcontainer, which number shall be within four of the true count, except in the case of lettuce when such number shall be within three of the true count, and 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." Pears and peaches, when packed, shall have the correct number within four placed on the container.

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 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 ᏅᎢ. net weight. [Amendment approved June 8, 1923. Stats. 1923, p. 665.]

ers.

§ 9. Fresh fruits and vegetables to be packed in standard containAll 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 excep tion of berries, other sized containers may be used if conspicuously marked in letters not less than one-half inch high, "irregular container." [Amendment approved June 8, 1923. Stats. 1923, p. 665.]

§ 10. Sugar content of grapes. In addition to the standards prescribed in section three of this act, grapes shall show a sugar content of not less than seventeen per cent Balling scale, except Burger, Emperor, Gros Colman, Pierce Isabella, and Cornichon, which shall