THE MONTHLY BULLETIN. 379 



provisions of tliis act, to enter or to inspect any place witliin the State of Cali- 

 fornia where apples are packed, shipped, delivered for shipment, offered for sale or 

 sold, or to inspect any apples or apple boxes found there. 



Sec. 10. Any person, firm, company, organization or corporation, who shall 

 violate any of the provisions of this act shall be punishable by a fine of not less than 

 fifty dollars nor more than five hundred dollars, or by imprisonment in the county 

 jail for a period of not more than six months, or by both such fine and imprisonment. 



Sec. 11. Any apples packed, shipped, delivered for shipment, offered for sale or 

 sold, in violation of any of the provisions of this act, and the boxes within which 

 they are contained, shall be deemed to be a public nuisance, may be seized and by 

 order of the superior court of the county or city and county within which the same 

 may be found, shall be condemned and destroyed or relea.sed upon such conditions 

 as the court in its discretion may impose to insure that they will not be packed, 

 shipped, delivered for shipment, offered for sale or sold in violation of any of the 

 provisions of this act. 



Sec. 12. No person, firm, company, organization or corporation, shall be con- 

 victed of a violation of any provision of this act, if he shall establish a guaranty, 

 signed by the person, firm, company, organization, or corporation, residing or law- 

 fully engaged in business in the State of California, by or for whom the apples in 

 question were originally packed, or re-packed, to the effect that the apples, box, 

 brand and label in question comply in all respects with the provisions of this act, 

 and, in addition, shall establish that the same are in substantially the same condition, 

 in every respect, as they were when they were delivered out of the possession of 

 such packer, and that the accused was not aware that such apples, box, brand or 

 label, were or was in any respect in violation of any provision of this act. The 

 signature to such guaranty may be printed, when done by the authority of the 

 signer. 



To afford protection, such guaranty, in form and substance, must be substantially 

 as follows : 



"The undersigned guarantees that (this box of apples or the boxes of apples 

 mentioned in this, or the attached invoice, or all boxes of apples packed or re-packed 

 by the undersigned, and bearing the word 'standard,' as the case may be) comply, 

 in all respects with the standard apple act of 1915. (Signature of the packer, with 

 statement as to whether packer is firm, company, organization or corporation and 

 business address. ) " 



Where the guaranty is used on each separate box, it may consist of the legend, 

 "guaranteed by the packer, under the standard apple act of 1915," printed, stamped 

 or written on the labeled or branded end of the box. 



Sec. 13. It shall be the duty of the district attorney of the county, or city and 

 county, in which any violation of this act may occur, to prosecute the person, firm, 

 company, organization or corporation accused of such violation, and also, at the 

 request of the state commissioner of horticulture, to institute and prosecute such 

 actions for condemnation as may be authorized under the provisions of this act. 



Sec. 14. No act which is made unlawful by any provision of an act of the 

 legislature of the State of California, entitled, "An act for preventing the manu- 

 facture, sale or transportation of adulterated, mislabeled or misbranded foods and 

 liquors and regulating the traffic therein, providing penalties, establishing a state 

 laboratory for foods, liquors and drugs and making an appropriation therefor," 

 approved March 11, 1907, or any amendment thereto, shall be deemed lawful by 

 reason of any provision of this act ; nor shall this act be construed in any respect 

 to limit the powers of the state board of health. 



Sec. 15. The sum of five thousand dollars ($5,000.00) is hereby appropriated 

 out of any money in the state treasury, not otherwise appropriated, for the pay- 

 ment of the cost of printing, stationery, stamps, clerical assistance, traveling 

 expenses, and salaries of inspectors, incurred by the state commissioner of horti- 

 culture in the enforcement of this act during the fiscal year commencing July 1, 1915. 

 The state controller is hereby authorized to draw his warrants for the sum herein 

 appropriated in favor of said commissioner and the state treasurer is hereby directed 

 to pay the same. 



