298 MONTHLY BULLETIN. 



The said commissioner shall assign such inspectors to such territory, 

 within the state, as he may see fit ; provided, that when the stamps pur- 

 chased 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 provisions of this act, to enter or to 

 inspect any place within the State of California 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 dol- 

 lars, 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 released 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 convicted 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 lawfully 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 busi- 

 ness 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. 



