28 SI XTEENTH BIENNIAL REPORT 



fresh, oured or dried, tliat is infected with insect pests or diseases injurious to 

 trees, shi'ubs, plants, fruits, or vegetables, is guilty of a misdemeanor. [L. 1899, 

 p. 98, See. 6; B. &. C, See. 4195; L. O. L., § 5500.] 



§ 8883. Penalty for Violating Provisioiis of Act. Any person, firm or Cor- 

 poration violating auy of tlie provisioiis of tliis act sliall be deemed guilty of a 

 misdemeanor, and upon conviction thereof shall be punished by a fine of not less 

 than $25.00 nor more tban $100.00. [L. 1899, p. 98, See. 7; B. & C, See. 4196; 

 L. O. L., § 5501.] 



§ 8884. Commissioner of Hortioulture to Present Evidenee and District Attor- 

 ney to Prosecute. It shall be tlie duty of the eommissioner of the State Board 

 of Hortioulture of the district in which a violation of tliis act occurs to present 

 the evidence of the ease to the district attorney, whose duty it shall be to 

 prosecute any person guilty of a violation of this act, which prosecution may be 

 brought in any of the justice courts of this State. [L. 1899, p. 98, See. 8 ; B. & C, 

 See. 4197; L. O. L., § 5502.] 



PACKING AND LABELING FRUIT AND NURSERY STOCK 



§ 8885. Green Fruit Packed for Market to Be Labeled. Any person, firm, 

 assoeiation or corporatiou engaged in growing, selling or packing green fruits 

 of any kind witliin the State of Oregon, shall be required, upon packing anj^ 

 such fruit for market, whether intended for sale within or without the State 

 of Oregon, to stamp, mark, or label plainly on the outside of every box or package 

 of green fruit so packed, the name and postoffice address of the person, firm, 

 assoeiation or corporation packing the same ; provided further, that when the 

 grower of such fruit he otlier than the packer of the same, the name and post- 

 office address of such grower shall also promiuently appear upon such box or 

 package as the grower of such fruit. [L. 1907, Chap. 11, p. 22, See. 1 ; L. O. K, 

 § 5503.] 



§ 8886. False Representation as to Place of Kaising or Packing Fruit For- 

 bidden. It shall be unlawful for auy dealer, commission merchant, shipper or 

 vendor, by means of any false representations whatever, either verlial. printed 

 or written, to represent or pretend that any fruits mentioned in Section 8885, 

 were raised, produeed or packed by any person or corporation or in any loeality, 

 other than by the person or corporation, or in the loeality where the same were 

 in fact raised, produeed or packed, as the ease may be. [L. 1907, Chap. 11, p. 22, 

 See. 2; L. O. L., § 5504.] 



§ 8887. Possession of Fruit Falsely Labeled ; Evidence. If auy dealer, com- 

 mission merchant, shipper, vendor or other person, shall have in his possession 

 any of such fruits so falsely marked or lal^eled contrary to the provisions of 

 Section 5503, the possession by such dealer, commission merchant, shipper, 

 vendor, or other person, of any such fruits so falsely marked or labeled shall be 

 prima facie evidence that such dealer, commission merchant, shipper, vendor or 

 other person, has so falsely marked or labeled such fruits. [L. 1907, Chap. 11, 

 p. 22, See. 3 ; L. O. L., § 5505.] 



§8888. Penalty for Violation of Act. Any person violating any of the pro- 

 visions of this act shall be deemed guilty of a misdemeanor and, upon conviction 

 thereof, shall be punished liy a fine of not less than $5.00 nor more than $500.00, 

 or by imprisonment in the eounty jail not less than ten nor more than one 

 hundred days. or by l)oth such fine and imprisonment, at the discretion of the 

 court. [L. 1907, Chap. 11, p. 22, See. 4; L. O. L., § 5506.] 



§ 8889. Liability for False Representation as to Variety of Nursery Stock* 



Any person selling nursery stock, or young trees, and representing the same to 

 be of a variety different from what said nursery stock of trees aetually are. 



