3574 ARTICLE 97

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, 1924, sec. 40. 1912, 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, 1924, sec. 41. 1912, 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 tha't the same are not adulterated or misbranded 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 person.

An. Code, 1924, sec. 42. 1912, sec. 39. 1916, ch. 627, sec. 11.

42. Definitions. The word "person" as used herein shall be construed
to include both the singular and plural, individuals, corporations, co-part-
nerships, companies, societies and associations. The act, omission 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, tarlatan, slat or other covers,
the contents of which cannot be seen or inspected when such package is
closed.

An. Code, 1924, sec. 43. 1912, sec. 40. 1916, ch. 627, sec. 12.

43. No person shall on behalf of any other person pack any apples for
sale or transportation contrary to the provisions of this sub-title.

An. Code, 1924, sec. 44. 1912, sec. 41. 1916, ch. 627, sec. 13.

44. This sub-title shall not apply to apples actually transported in
barrels to storage within this State until the same are sold, offered or
exposed for sale, packed for sale, or transported for sale. Regulations and
requirements herein in relation to transportation shall not apply to common
carriers.

An. Code, 1924, sec. 45. 1912, sec. 42. 1916, ch. 627, sec. 14.

45. The business of packing and marketing apples in the State of Mary-
land is hereby declared to be affected with a public interest and is subject
to regulation and control by the State.