Marvin Mandel, Governor                         947

ing the markings which shall be required upon containers of any fruit
or vegetable, for the purpose of showing: (a) The true grade and/
or size of the product in accordance with any such standards or
grades promulgated by the [Board] Secretary, and/or (b) the name
and address of the grower or packer, and/or (c) the name of the
state where grown, and/or (d) the variety, quantity, quality, condi-
tion and size of the product.

74.   Same—Time of taking effect; marking containers.

Standards, grades, rules or regulations established under Section
73 shall not take effect until thirty (30) days after having been
officially adopted, but thereafter every container of any fruit or
vegetable shall bear plainly and conspicuously upon the outside there-
of such markings as are prescribed by the [Board] Secretary under
the provisions of this subheading.

75.   Same—Effect on right to sell; containers not to be marked
unless they comply.

No standard, grade, rule or regulation prescribed under this sub-
heading shall affect the right of any person to sell his fruit or vege-
table without conforming thereto, but no person shall mark his
fruit or vegetable, or container thereof in such a manner as to indi-
cate that his fruit or vegetable conforms with any standard or grade
of the [Board] Secretary unless he shall have conformed with all
rules and regulations of the [Board] Secretary in relation thereto.

76.   Enforcement.

The [Board, through the Department and its agents,] Secretary,
shall enforce the provisions of this subheading and may promulgate
and enforce such rules and regulations as may be necessary to secure
uniformity in the enforcement of this subheading and the proper
marking of containers of any fruit or vegetable.

78.   Penalties.

Any person violating any provisions of this subheading or wilfully
interfering with the [Board] Secretary or [its] his duly authorized
agent in the performance of its duties, is guilty of a misdemeanor
and shall, upon conviction, be fined not less than $5.00 nor more than
$50.00 for the first offense, and not less than $50.00 nor more than
$100.00 for the second offense, and not less than $250.00 for each
subsequent offense.

79.   Prosecution.

The State's attorney and/or any other prosecuting officer of any
county or city in which any violation of this subheading may occur
shall prosecute any person accused of any violation of this subhead-
ing and shall also, at the request of the [Board] Secretary or its
duly authorized agent, institute and prosecute such action as may
be proper under the provisions of this subheading.

80.   No prosecution when inspection by [Department] Secretary
or by United States Department of Agriculture.

No person shall be prosecuted for violation of the provisions of
this subheading where it can be established that the fruit or vege-
table passed inspection by an authorized inspector of the [Depart-