3576 ARTICLE 97

shipment, 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:
and, in addition, such enforcing officers shall have the power and right
to mark any or all containers found in such places, vehicles or conveyances,
for the purpose of future identification.

1933, ch. 404, sec. 46E. 1939, ch. 574, sec. 46E.

51. Any person, firm, corporation, partnership, or other association
which violates any of the provisions of this sub-title or wilfully interferes
with the State Board of Agriculture or its. duly authorized agents, in the
performance, 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 $5.00 nor more than $100.00 for the first offense; not
less than $25.00 nor more than $250.00 for the second offense; and not less
than $100.00 nor more than $500.00 for each subsequent offense.

1933, ch. 404, sec. 46F.

52. 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.

53. No person, firm, corporation, partnership, or other association shall
be prosecuted under the provisions of this sub-title where it can be estab-
lished 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 Agricul-
ture and found to be graded, packed, and marked in accordance with the
provisions of this sub-title. Certificates of inspection issued by said in-
spectors shall be accepted at prima facie evidence in any State Court of
the facts contained therein.

1933, ch. 404, sec. 46H.

54. 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.

1933, ch. 404, sec. 46-I.

55. The term "closed container," as used in this sub-title, shall mean
any box, barrel, basket, crate, hamper, bag, or other package made or
covered with burlap, tarlatan, slats or other material, the entire contents of
which cannot be readily, properly, and thoroughly inspected while such
package is closed.