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ART. XCVII] APPLES. 719
1916, ch. 627, sec. 7.
35. It shall be unlawful for any person, unless he regrades and
repacks the apples, to erase the original size, grade or variety of apples
branded upon the package and in its place substitute a size, grade or
variety-name different from the one marked upon the barrel by the
packer of the apples.
1916, ch. 627, sec. 8.
36. No person shall pack, or shall sell, or offer, expose, or have in
his possession for sale any apples packed in any package in which the
face or shown surface gives a false representation of the contents of
such package; and it shall be considered a false representation when
more than fifteen per centum of such fruit is substantially smaller in
size than, or inferior in grade to, or different in variety from, the faced
or shown surface of such packing.
1916, ch. 627, sec. 9.
37. Any person who misbrands or adulterates, or falsely represents
apples within the meaning of this sub-title, or who violates any of the
provisions of this sub-title shall, upon conviction thereof, forfeit and
pay to the people of the State of Maryland a sum of not less than
twenty-five dollars nor more than fifty dollars for the first violation and
not less than fifty dollars nor more than one hundred dollars for each
subsequent violation.
1916, ch. 627, sec. 10.
38. No person shall be prosecuted under the provisions of this sub-
title when he can establish satisfactory evidence to the effect that he
was not a party to the packing and grading of such articles and had no
knowledge that the same were misbranded or illegally packed, or when
he can establish a guaranty, signed by the person from whom he received
such articles, to the effect that the same are not adulterated or mis-
branded within the meaning of this sub-title. Said guaranty, or said
satisfactory evidence, to afford protection, shall contain the true name
and address of the party or parties from whom said articles were
received, or who made the sale or shipment of such articles to such per-
son.
1916, ch. 627, sec. 11.
39. Definitions. The word "person" as used herein shall be con-
strued to include both the singular and plural, individuals, corporations,
co-partnerships, companies., societies and associations. The act, omis-
sion or failure of any officer, agent, servant or employee acting within,
the scope of his employment or office shall be deemed the act, omission
or failure of the principal. The words "closed package" shall mean a
box, barrel, basket, hamper, or other package covered with burlap, tarla-
tan, slat or other covers, the contents of which cannot be seen or
inspected when such package is closed.
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