THE APPLE GRADING LAW G73 



(E) For tlio purposes of this act apples packed in closed pack- 

 ages shall be deemed to be adulterated if their quality or grade 

 when packed or repacked does not conform to the marks upon the 

 package. 



(F) Any person who misbrands or adulterates apples within 

 the meaning of this act, or who violates any of the provisions of 

 this act shall, upon conviction thereof, forfeit and pay to the 

 people of the state of New York a sum of not less than twenty- 

 five dollars nor more than fifty dollars for the first violation and 

 not less than fifty dollars nor more than one hundred dollars for 

 each subsequent violation. 



(G) Xo person shall be prosecuted under the provisions of this 

 act when he can establish satisfactory evidence to the effect that he 

 was not a party to the packing and grading of such articles and 

 had no knowledge that the same were misbranded or illegally 

 packed, or when he can establish a guaranty, signed by the person 

 from whom he received such articles, to the effect that the same 

 are not adulterated or misbranded within the meaning of this 

 act. Said guaranty, or said satisfactory evidence, to afford pro- 

 tection, shall contain the true name and address of the party or 

 parties from whom said articles were received, or who made the 

 sale or shipment of such articles to such person. 



(H) Definitions. The word " person " as used herein shall 

 be construed to include both the singular and plural, individuals, 

 corporations, copartnerships, companies, societies and associations. 

 The act, omission or failure of any officer, agent, servant or em- 

 ployee acting within the scope of his employment or office shall 

 be deemed the act, omission or failure of the principal. The 

 words u closed package " shall mean a box, barrel or other pack- 

 age, the contents of which cannot be seen or inspected when such 

 package is closed. 



(I) No person shall on behalf of any other person pack any 

 apples for sale or transportation contrary to the provisions of 

 this act. 



(J) This act shall not apply to apples actually transported in 

 barrels to storage within this state until the same are sold, offered 

 or exposed for sale, packed for sale, or transported for sale, 

 Regulations and requirements herein in relation to transportation 

 shall not apply to common carriers. 



2. Chapter four hundred and eighteen of the laws of 

 nineteen hundred and fourteen, entitled "An act to regulate the 



