4 P.D. 123 



ards for such farm products, if deemed advisable. The commissioner 

 may determine or design brands or labels for identifying such farm 

 products packed in accordance with official grades and standards estab- 

 lished as aforesaid, and may cause to be printed said brands or labels 

 and may dispose of the same at reasonable prices. A written applica- 

 tion to the commissioner requesting permission to use said brands or 

 labels and a written authorization thereof by the commissioner or a duly 

 authorized assistant shall be a condition precedent to the use of such 

 brands or labels. The commissioner may revoke or suspend the right to 

 use such brands or labels determined as aforesaid whenever it appears 

 on investigation and after a subsequent hearing before said commis- 

 sioner or authorized assistant that such brands or labels have been used 

 to identify such farm products not in fact conforming to the grade or 

 standard indicated. Section 117B. Upon the establishment of such grades 

 or standards and upon the proper determination of brands or labels, all 

 in accordance with the provisions of section one hundred and seventeen 

 A, notice thereof shall be published for three successive weeks in three 

 newspapers stating the grades and standards so established and the 

 brands or labels so determined, and the date on which such establishment 

 or determination is to take effect. The commissioner shall distribute 

 information relative to the grades and standards so established and the 

 brands or labels so determined. Section 117 C. After notice of the estab- 

 lishment of grades or standards and the determination of brands or la- 

 bels as provided in section one hundred and seventeen B, it shall be un- 

 lawful to use a brand or label determined as aforesaid to identify such 

 farm products as being of a grade or standard established as aforesaid 

 unless such products are in fact of the grade or standard so established 

 or before the authorization of the use of, or after the revocation or dur- 

 ing suspension of the right to use, such brand or label, by the commis- 

 sioner. Any violation of this section shall be punished for a first offence 

 by a fine of not more than fifty dollars and for a subsequent offence by 

 a fine of not more than two hundred dollars. Whoever obstructs or hin- 

 ders the commissioner or any of his assistants in the performance of 

 his duties under sections one hundred and seventeen A to one hundred 

 and seventeen F, inclusive, shall be punished by a fine of not less than 

 ten nor more than one hundred dollars. Section 117 D. The commis- 

 sioner may employ inspectors to inspect such farm products marked, 

 branded or labelled in accordance with official grades or standards estab- 

 lisjied and promulgated by the commissioner, for the purpose of de- 

 termining and certifying the quality and condition thereof and other ma- 

 terial facts relative thereto. Certificates issued in pursuance of such 

 inspection and executed by the inspector shall state the date and place 

 of inspection, the grade, standard, condition, and approximate quality 

 of the farm products inspected and any other pertinent facts that the 

 commissioner may require. Such a certificate and all federal certificates 

 relative to the condition or quality of said farm products shall be prima 

 facie evidence in all courts of the commonwealth of the facts required as 

 aforesaid to be stated therein. Section 117 E. The commissioner may 

 prescribe rules and regulations for carrying out the purposes of sections 

 one hundred and seventeen A to one hundred and seventeen F, inclusive, 

 including the fixing of fees for inspections. Section 117 F. The com- 

 missioner, in person or by deputy, shall have free access at all reasonable 

 hours to any building or other place wherein it is reasonably believed 

 that farm products marked, branded or labelled in accordance with offi- 

 cial grades or standards established and promulgated by the commissioner 

 are being marketed or held for commercial purposes. He shall also have 

 power in person or by deputy to open any bags, crates, or other containers 

 containing said farm products and examine the contents thereof, and 

 may, upon tendering the market price, take samples therefrom. 



Approved April 18, 1927. 



