378 THE MONTHLY BULLETIN. 



bruises and defects as are necessarily caused in the operation of packing ; provided, 

 houever, that a variation from the standard as to insect pests, diseases, rot, insect 

 bites, bruises, and other defects, shall be allowed, not to exceed ten per cent total 

 such defects, nor to exceed three per cent of any one such defect. 



Sec. 5. The state commissioner of horticulture of California shall be charged 

 with the enforcement of the provisions of this act, and for that purpose shall have 

 power : 



(a) To enter and to inspect every place within the State of California where 

 apples are packed, shipped, delivered for shipment, offered for sale or sold, and to 

 inspect all apples and apple boxes found in any such place. 



(6) To design, and cause to be printed or lithographed, suitable uniform stamps 

 to be used on apple boxes, as required by section 4 of this act, to sell the same as 

 hereinafter provided, and to prescribe the method of canceling the same. 



(c) To appoint, superintend, control, and discharge, such inspectors, in accord- 

 ance with the provisions of the civil service law of the state, for the special purpose 

 of enforcing the provisions of this act, as in his discretion may be deemed to be 

 necessary, and in conjunction with the board of control, to fix their compensation, 

 provided that no inspector shall be paid more than five dollars per day. 



((/) Personally, or through any deputy or any such inspector, to seize and retain 

 possession of, any apples or apple boxes packed, shipped, delivered for shipment, 

 offered for sale or sold, in violation of any of the provisions of this act. 



(c) In the name of the people of the State of California to cause to be instituted 

 and to prosecute, in the superior court of any county or city and county of the 

 State of California, in which apples packed, shipped, delivered for shipment, offered 

 for sale or sold, in violation of any of the provisions of this act, may be found, an 

 action or actions for the condemnation of apples as provided in section 11, of this act. 



Sec. 6. The stamps designed and provided by the state commissioner of horti- 

 culture of California, as provided by section 5 of this act, by him shall be placed on 

 sale and sold to any person who may apply therefor, at the price of one-half cent 

 each. All moneys received by him from the sale of such stamps shall be paid over 

 to the treasurer of the State of California, who shall deposit the same to the credit 

 of a fund to be used exclusively for the payment of the expenses of enforcing the 

 provisions of this act, and to be paid out only upon claims approved by the state 

 commissioner of horticulture of California and by the board of control. 



Sec. 7. One such stamp, canceled as required by the state commissioner of horti- 

 culture, shall be attached by the packer to the labeled or branded end of every 

 box of apples to which this act is made applicable; and no box to which such stamp 

 is attached shall be used as the container of any apples, other than those originally 

 packed therein, until such stamp has been removed therefrom; provided, that where 

 a single lot of not to exceed one carload of six hundred forty boxes of apples, the 

 containers of which bear such stamps, are re-packed without the addition of new 

 stock, the same boxes may be used without removing the stamps. 



Sec. 8. The inspectors appointed by the state commissioner of horticulture of 

 California, as in section 5 hereof provided, shall be citizens of the United States, 

 and of the State of California, not less than twenty-one years of age, shall be 

 skilled in the inspection of apples, and have a thorough knowledge of insect pests 

 and diseases commonly preying upon such fruit; they shall have power to enter 

 and to inspect every place within the State of California where apples are packed, 

 shipped, delivered for shipment, offered for sale or sold, and to inspect all apples 

 and apple boxes found in any such place ; and shall perform such duties as may be 

 prescribed by the state commissioner of horticulture or by law. 



The said commissioner shall assign such inspectors to such territory, within the 

 state, as he may see fit ; provided, that when the stamps purchased for any year by 

 packers in any town, city or district, shall yield a sum of money sufficient to pay 

 the expense thereof, such commissioner shall assign one inspector or more for special 

 duty in such town, city or district, during the packing season of that year. 



Sec. 9. No person, firm, company, organization or corporation, shall refuse to 

 permit the state commissioner of horticulture of California, or any of his duly 

 appointed deputies, or any inspector duly appointed by said commissioner under the 



