144 Report of State Board of Horticulture. 



or railroad agent, or other person, or to any transportation . Company or 

 Corporation, for shipment to any point without the State, any fruit or 

 fruits, either fresh, cured or dried, that is infected with insect pests or 

 diseases injurious to trees, shrubs, plants, fruits, or vegetables, is guilty 

 of a misdemeanor. [L. 1899, p. 98, § 6; B. & C. § 4195.] 



§ 5501. Penalty for Violating Provisions of Act. 



Any person, firm, or Corporation violating any of the provisions of 

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

 thereof shall be punished by a fine of not less than $25 nor more than 

 $100. [L. 1899, p. 98, § 7; B. & C. § 4196.] 



§ 5502. Commissioner of Horticulture to Present Evidence, and District 

 Attorney to Prosecute. 



It shall be the duty of the Commissioner of the State Board of Horti- 

 culture of the district in which a violation of this act occurs to present 

 the evidence of the case 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, 

 § 8; B. & C. § 4197.] 



{d) OF PACKING AND LABELING FRUIT AND NURSERY STOCK. 



§ 5503. Green Fruit Packed for Market to Be Labeled. 



Any person, firm, association or corporation engaged in growing, 

 selling or packing green fruits of any kind within the State of Oregon, 

 shall be required, upon packing any 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, association or 

 corporation packing the same; provided further, that when the grower 

 of such fruit be other than the packer of the same, the name and post- 

 office address of such grower shall also prominently appear upon such box 

 or package as the grower of such fruit. [L. 1907, c. 11, p. 22, § 1.] 



§ 5504. False Representation as to Place of Raising or Packing Fruit 

 Forbidden. 



It shall be unlawful for any dealer, commission merchant, shipper or 

 vendor, by means of any false representations whatever, either verbal, 

 printed or written, to represent or pretend that any fruits mentioned in 

 section 5503, were raised, produced or packed by any person or corpor- 

 ation, or in any locality, other than by the person or corporation, or in 

 the locality where the same were in fact raised, produced or packed, as 

 the case may be. [L. 1907, c. 11, p. 22, § 2.] 



§ 5505. Possession of Fruit Falsely Labeled — Evidence. 



If any dealer, commission merchant, shipper, vendor or other person, 

 shall have in his possession any of such fruits so falsely marked or 

 labeled 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 fade evidence 

 that such dealer, commission merchant, shipper, vendor, or other person, 

 has so falsely marked or labeled such fruits. [L. 1907, c. 11, p. 22, § 3.] 



