134 Report of State Board of Horticulture. 



An act to prevent the false branding or marking of, or false representation 

 with reference to fruits grown in the State of Oregon, or elsewhere, 

 and to provide penalties for the violation thereof. 



Be it enacted by the People of the State of Oregon: 



Section 1. Any person, firm, association or corporation engaged in grow- 

 ing, 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 postoffice address of such- 

 grower shall also prominently appear upon such box or package as the 

 grower of such fruit. 



Section 2. It shall be unlawful for any dealer, commission merchant, 

 shipper or vender, by means of any false representations whatever, either 

 verbal, printed or written, to represent or pretend that any fruits men- 

 tioned in Section 1 of this act, were raised, produced or packed by any per- 

 son or corporation, or in any localitv. other than by the person or corpora- 

 tion, or in the locality where the same were in fact raised, produced or 

 packed, as the case may be. 



Section 3. If any dealer, commission merchant, shipper, vender or other 

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

 labeled contrary to the provisions of Section 1 of this act, the possession 

 by such dealer, commission merchant, shipper, vender, or other person, of 

 any such fruits so falsely marked or labeled shall be prima facie evidence 

 that such dealer, commission merchant, shipper, vender or other person, has 

 so falsely marked or labeled such fruits. 



Section 4. Any person 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 $5, nor more than $500, or by imprison- 

 ment in the county jail not less than ten nor more than one hundred days, 

 or by both such fine and imprisonment, at the discretion of the court. 



Approved by the Grovernor, February 7, 1907. 



Filed in the office of the Secretary of State, February 7, 1907. 



An act declaring it unlawful for nurserymen, or anyone dealing in, or 

 selling fruit trees, or their agents, to sell and deliver to the purchaser 

 thereof, trees and nursery stock, that is not of the same variety as 

 represented by the nursery, or nurseryman, salesman of nursery stock, 

 or agents therefor. 



Be it enacted by the People of the State of Oregon: 



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 

 actually are, shall be required to replace all such trees with stock of the 

 same grade and variety as the original order and shall be required to make 

 reasonable compensation to the purchaser for expenses and loss of time due 

 to such error having been made. 



Filed in the office of the Secretary of State, February 10, 1907. 



