WEIGHTS AND MEASURES. 3043

An. Code, sec. 33. 1916, ch. 627, sec. 5.

36. For the purposes of this sub-title apples packed in a closed package
shall be deemed to be misbranded.

(a) If the package shall fail to bear the statements required by this sub-
title.

(b) If the package shall be falsely branded or shall bear any statement,
design or device regarding such apples which is false or misleading, or if
the package bears any statement, design, or device indicating that the apples
contained therein are a given Maryland " standard grade," or " cull grade,"
or " orchard run class," and said apples when packed or repacked do not
conform to the requirements of such grade.

An. Code, sec. 34. 1916, ch. 627, sec. 6.

37. For the purposes of this sub-title apples packed in closed packages
shall be deemed to be adulterated if their quality or grade when packed or
repacked does not conform to the marks upon the package.

An. Code, sec. 35. 1916, ch. 627, sec. 7.

38. 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.

An. Code, sec. 36. 1916, ch. 627, sec. 8.

39. 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.

An. Code, sec. 37. 1916, ch. 627, sec. 9.

40. Any person who misbrands or adulterates, or falsely represents
apples within the meaning of this sub-title, or who violates any of the pro-
visions 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.

An. Code, sec. 38. 1916, ch. 627, sec. 10.

41. 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 misbranded within the