THE FRUIT MARKS ACT. 



373 



ninety per cent., free from scab, worm 

 holes, bruises and other defects, and pro- 

 perly packed. 



Section 7. No person shall sell, or 

 offer, expose or have in his possession for 

 sale, any fruit packed in any package in 

 which the faced or shown surface gives a 

 false representation of the contents of such 

 package ; and it shall be considered a false 

 representation when more than fifteen per 

 cent of such fruit is substantially smaller 

 in size than, or inferior in grade to, or dif- 

 ferent in variety from, the faced or shown 

 surface of such package. 



Explanations of its application may be 

 taken thus. On packages packed or 

 marked contrary to the provisions of the 

 Act, inspectors may, after notifying the 

 packer by letter or telegram, place the 

 words " falsely packed " or "falsely mark- 

 ed," and a fine of $40 may be imposed for 

 illegally removing the inspector's brand. 



It will be noticed that only " closed 

 packages " need be marked. A closed 

 package is defined to be a box or barrel, 

 the contents of which cannot be seen or 

 inspected when such is closed. Baskets, 

 berry crates or berry boxes even, with 

 veneer covers, are not considered closed 

 package.s, and therefore do not require 

 marking. Cranberries and all wild fruit 

 are not subject to the provisions of the 

 Act. 



Merchants are held responsible for the 

 fruit they offer for sale (or fruit in their 

 possession for sale), but the original wrong- 

 doer, if found, will in every case be prose- 

 cuted. 



The penalty for a violation of the law 

 with reference to packing and marking is 

 not less than 25 cents and not more than 

 $1.00 per package; for removing an in- 

 spector's brand, $40 ; for obstructing an in- 

 spector, $25 to $500. The fines are 

 divided equally between the informant and 

 the crown. 



Inspectors are given large powers under 

 the Act to enter premises for the purpose 

 of making an examination and to detain 

 shipments of fruit for the same purpose. 

 The packer, however, is amply protected 

 by the stipulation that immediate notice 

 must be given by the inspector to the 

 packer when fruit, which at all times is at 

 the risk of the owner, is branded or de- 

 tained, and the inspector who exceeds his 

 authority is subject to a heavy penalty. 



The main points of the Act may be sum- 

 med up as follows: 



(i) The face of all fruit packages must 

 fairly represent the fruit throughout. 



(2) Closed boxes and barrels must be 

 marked with the name and address of the 

 packer, the variety of the fruit, and its 

 grade. 



(3) It is an offence within the meaning 

 of the Act to sell, to offer for sale, or to 

 have in possession for sale, fraudulently 

 packed or marked fruit, even when the 

 buyer and seller are ignorant of the fact, 

 as well as when one or both have know- 

 ledge of the fact. 



(4) The Act does not prevent the pack- 

 ing or selling of any grade of fruit that is 

 properly picked and marked. 



(5) The Act does not provide for the in- 

 spection of particular lots of fruit at the 

 request of the buyer or seller. 



(6) Commission merchants who, after 

 notice, handle fruit put up contrary to the 

 previsions of the Act, will be proceeded 

 against. 



(7) There is no definition of grades 

 marked No. 2, or XX ; No. 3, or X. 



Already the beneficial effect of this Act 

 is being felt, and when it is fully known 

 that dishonesty in packing and describing 

 Canadian fruit does not exist, an enormous 

 impetus will be given to our fruit industry 

 in all the markets of the world. At pres- 

 ent inquiries are being made concerning 

 the trans-Atlantic shipments of early Cana- 



