WEIGHTS AND MEASURES. 1251
1933, sec. 404, sec. 46D.
46D. All enforcing officers under the provisions of this sub-title shall
have the power and right to enter every place, vehicle or conveyance within
the State, where any cantaloupes are stored, packed, delivered for ship-
ment, loaded, shipped, being transported, offered or exposed for sale, or
sold in closed containers, and to inspect any or all such cantaloupes found
in such places, vehicles, or conveyances, and to take for inspection such
representative samples of the cantaloupes and such containers as may be
necessary to determine whether or not this sub-title has been violated.
1933, ch. 404, sec. 46E.
46E. Any person, firm, corporation, partnership, or other association
which violates any provisions of this sub-title or wilfully interferes with
the State Board of Agriculture or its duly authorized agents, in the per-
formance, on account of the execution, of its or their duties, shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
not less than $50 or more than $500 for each offense.
1933, ch. 404, sec. 46F.
46F. It shall be the duty of the District Attorney and any prosecuting
officer of the county, city and county, or city, in which the violation of this
sub-title may occur, to prosecute the person, firm, corporation, partnership,
or other association accused of such violation and also, at the request of
the State Board of Agriculture, or its duly authorized agents, to institute
and prosecute such action as may be authorized under the provisions of
this sub-title.
1933, ch. 404, sec. 46G.
46G. No person, firm, corporation, partnership, or other association
shall be prosecuted under the provisions of this sub-title where it can be
established that the cantaloupes offered or exposed for sale or presented for
shipment have passed inspection by an authorized inspector of the State
Board of Agriculture through its Department of Markets of the Extension
Service, or by an inspector of the United States Department of Agriculture
and found to be graded, packed, and marked in accordance with the pro-
visions of this sub-title. Certificates of inspection issued by said inspectors
shall be accepted as prima facie evidence in any State Court of the facts
contained therein.
1933, ch. 404, sec. 46H.
46H. No person, firm, corporation, partnership, or other association
shall be prosecuted under the provisions of this sub-title where he, it, or
they, can establish satisfactory evidence to the effect that he, it, or they,
was, or were, not a party to the grading and packing of the cantaloupes
in question, and had no knowledge that the same were misbranded or
illegally packed.
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