204 ARTICLE 2A

adopted, but thereafter, every container of any fruit or vegetable shall
bear plainly and conspicuously upon the outside thereof such markings
as are prescribed by the Board under the provisions of this sub-title.

1939, ch. 575, sec 32.

32. No standard, grade, rule or regulation prescribed under this sub-
title shall affect the right of any person to sell his fruit or vegetable with-
out conforming thereto, but no person shall mark his fruit or vegetable,
or container thereof in such a manner as to indicate that his fruit or vege-
table conforms with any standard or grade of the Board unless he shall
have conformed with all rules and regulations of the Board in relation
thereto.

1939, ch. 575, sec. 33.

33. The Board, through the Department and its agents, shall enforce
the provisions of this sub-title and may promulgate and enforce such
rules and regulations as may be necessary to secure uniformity in the en-
forcement of this sub-title and the proper marking of containers of any
fruit or vegetable.

1939, ch. 575, sec. 34.

34. All persons whose power or duty it is to enforce the provisions of
this sub-title may enter any building, vehicle or other enclosure or convey-
ance within this State, where any fruit or vegetable is produced, stored
or sold; may examine any fruit or vegetable found in any such place; and
may take for further examination such samples of the produce and con-
tainers as may be necessary to determine whether or not this sub-title has
been violated.

1939, ch. 575, sec. 35.

35. Any person violating any provisions of this sub-title or wilfully
interfering with the Board or its 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.

1939, ch. 575, sec. 36

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

1939, ch. 575, sec. 37.

37. No person shall be prosecuted for violation of the provisions of
this sub-title where it can be established that the fruit or vegetable passed
inspection by an authorized inspector of the Department or by an inspec-
tor of the United States Department of Agriculture and was graded,
packed and marked in accordance with the provisions of this sub-title.