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THE CANADIAN HORTICULTURIST. 



THE APPLE AND PEAR MARKS ACT. 



'N response to the request of our Asso- 

 ciation the Hon. Sidney Fisher has in- 

 troduced an act to provide for the 

 ^y marking and inspection of packages of 

 apples and pears for export, which reads as 

 follows : 



1 . This Act may be cited as Apple and Pear 

 Marks Act, 1900. 



2. This Act shall come into operation on the 

 first day of July, 1900. 



3. Every person who, by himself or through 

 the agency of another person, packs apples or 

 pears in a closed package, intended for export, 

 shall cause the package to be marked in a plain 

 and indelible manner before it is taken from the 

 premises where it is packed, — 



{a) with the initials of the Christian name and 

 the full surname and address of the packer ; 

 {b) with the minimum size of the fruit in inches; 

 {c\ with the name of the variety, and 

 (</) with a designation of the grade of the fruit. 



4. No person shall sell, offer, expose or have in 

 his possession for sale any apples or pears packed 

 in a closed package and intended for export un- 

 less {a) the name and address of the packer and 

 {b) the diameter in inches (or fractions thereof) 

 across the core of the apples or pears, as the case 

 may be, are marked upon the package in a plain 

 and indelible manner. 



5. No person shall sell, offer, expose or have in 

 his possession for sale any apples or pears packed 

 in a closed package and intended for export upon 

 which is marked the grade " A No. i Canadian," 

 or any similar designation, unless such fruit con- 

 sists of well-grown specimens of one variety, of 

 normal shape and not less than ninety per cent, 

 in each package free from scab, worm holes, 

 bruises and other defects, and properly packed. 



6. No person shall sell, offer, expose or have in 

 his possession for sale any apples or pears packed 

 in a closed package and intended for export upon 

 which is marked the grade "No. i Canadian," 

 or any similar designation, unless such fruit con- 

 sists of specimens of one variety, sound, of fairly 

 uniform size and not less than eighty per cent, 

 in each package free from scab, worm holes, 

 bruises and other defects and properly packed. 



7. No person shall sell, offer, expose or have in 

 his possession for sale any apples or pears packed 

 in a closed package and intended for export which 

 are disqualified from being marked "A No. i 

 Canadian" or "No. i Canadian," unless such 

 package is marked " No. 2 Canadian " in a plain 

 and indelible manner. 



8. No person shall sell, offer, expose or have in 

 his possession for sale any apples or pears packed 

 in a dosed package and intended for export upon 

 which is marked any designation of size, grade or 

 variety which falsely represents such fruit ; and 

 it shall be considered a false representation when 

 more than ten per cent, of such fruit are substan- 



tially smaller in size than, or inferior in grade to, 

 or different in variety from the marks on such 

 package. 



9. Every person who, by himself or through the 

 agency of another person, violates any of the pro- 

 visions of this Act shall, for each offence, upon 

 summary conviction, be liable to a fine not ex- 

 ceeding one dollar and not less than fifty cents 

 for each package which is packed, sold, offered, 

 exposed or had in possession for sale contrary to 

 the provisions of this Act, together with the costs 

 of prosecution, and in detault of payment of such 

 fine and costs, shall be liable to imprisonment, 

 with or without hard labor, for a term not ex- 

 ceeding one month, unless such fine and the costs 

 of enforcing it are sooner paid. 



10. Whenever any apples or pears packed in a 

 closed package are found to be falsely marked, 

 any inspector charged with the enforcement of 

 this Act may efface such false marks and mark 

 the words " falsely marked " in a plain and indeli- 

 ble manner on such package. 



1 1 Every person who wilfully alters effaces or 

 obliterates wholly or partially, or causes to be 

 altered, effaced or obliterated, any inspector's 

 marks on any package which has undergone in- 

 spection, shall incur a penalty of forty dollars. 



12. The person on whose behalf any apples or 

 pears are packed, sold, offered or had in posses- 

 sion for sale, contrary to the provisions of the 

 foregoing sections of this Act, shall be prima 



facie liable for the violation of this Act. 



13. It shall be lawful for any person charged 

 with the enforcement of this Act to enter upon 

 any premises to make an examination of any pack- 

 ages of apples or pears suspected of being falsely 

 marked in violation of the provisions of this Act, 

 whether such packages are on the premises of the 

 owner, or on other premises, or in the possession 

 of a railway or steamship company ; and any per- 

 son who obstructs or refuses to permit the making 

 of any such examination, shall, upon summary 

 conviction, be liable to a penalty not exceeding 

 five hundred dollars and not less than twenty-five 

 dollars, together with the costs of prosecution, 

 and in default of payment of such penalty and 

 costs, shall be liable to imprisonment, with or 

 without hard labour, for a term not exceeding six 

 months, unless the said penalty and costs of en- 

 forcing it are sooner paid. 



14. In any complaint, information or conviction 

 under this Act, the matter complained of may be 

 declared, and shall be held, to have arisen, within 

 the meaning of Part LVIII of The Criminal Code, 

 1892, at the place where the apples or pears were 

 packed, sold, offered, exposed or had in posses- 

 sion for sale. 



15. No appeal shall lie from any conviction un- 

 der this Act except to a superior, county, circuit 

 or district court, or the court of the sessions of the 

 peace having jurisdiction where the conviction 

 was had ; and such appeal shall be brought, no- 

 tice of appeal in writing given, recognizance en- 

 tered into, or deposit made within ten daysaf 3 



