83 



fruit Avithoiit reiuoviiiy the slats. I should have said iu the 

 iirst place the test is whether you have to ))reak a seal or 

 fastening in order to see the fruit. If you can see the fruit 

 without breaking the seal or fastening then we call it an 

 open package. 



ME. MANN: Wouldn't the sam3 definition of a sealed 

 package be if it is mailable under the Postoffice it would be 

 mailable under this law? 



MR. ANNIN: I should think that would depend upon 

 whether it Avas sealed or not. 



MR. MANN: It cannot be sealed, if it is mailable it is 

 an unsealed package. AYould you call that an open pack- 

 age? 



^MR. ANNIN: An open package, "yes. Merely to im- 

 tie a string would not be to break a seal or pull any nail. 



^IR. SEARS: IIow would you rule on a Boston bu- 

 shel box, with three slats, and under that some heavy paper? 



]MR. ANNIN: We have had that question come up. 

 We ruled that was an open package because you can lift that 

 paper and see the apples in it fairly well. 



MR. HANSON : I have some trade in Connecticut and 

 it is fancy trade, but several different kinds of apples in a 

 barrel. I have shipped apples since this law went into effect 

 without any marking whatsoever. I would like to know 

 v/hat should I mark a l)arrel that is absolutely fancy, but 

 with three or four different kinds of i-pples in a barrel ? . 



MU. ANNIN : According to the law as it stands now 

 you would have to mark that ungraded liecause the law 

 states that fancy apples A and B must be only one variety 

 in a package. Now it seems to me you could get aromid 

 that by notifying -your consignee that you have to mark it 

 im graded under the law and state what quality the apples 

 are, or you might put some explanatory sign on the barrel. 



MR. HANSON: I would like to ask one more question. 

 Why shouldn't the middle man or the commission man if he 

 is found guilty, be punished, as well as I? 



MR. ANNIN: The reason is because Section 15 of the 



