288 BOARD OF AGRICULTURE. [Pub. Doc. 



tions to be prescribed by the secretary of the state board ot agriculture, 

 unless a statement of the length of time during which the apples have been 

 kept in storage shall be plainly marked upon the package. 



Section 11. The secretary of the state board of agriculture shall make 

 rules and regulations for carrying out the provisions of this act, and he shall 

 publish, on or before the first day of September following the passage of 

 this act, and after a public hearing, rules for the grading and packing of 

 apples and specifying, for each variety of apples, the minimum size which 

 shall be included in the grade designated as "fancy"; and he may there- 

 after modify such rules and regulations. 



Section 12. The secretary of the state board of agriculture, in person 

 or by deputy, shall have free access at all reasonable hours to any building 

 or other place where apples are packed, stored, sold, or offered or exposed 

 for sale. He shall also have power in person or by deputy to open any 

 box, barrel, or other container, and may, upon tendering the market price, 

 take samples therefrom. 



Section 13. For the purpose of carrying out the provisions of this 

 act there may be expended during the present fiscal year a sum not exceed- 

 ing one thousand dollars, and thereafter such annual expenses as may be 

 necessary shall be paid from the annual appropriation for disseminating 

 useful information. 



Section 14. Any person who adulterates or misbrands apples within 

 the meaning of this act, or who packs, repacks, sells, distributes, or offers 

 or exposes for sale or distribution, apples in violation of any provision of 

 this act, or who wilfully alters, effaces or removes, or causes to be altered, 

 effaced or removed, wholly or partly, any brands or marks required to be 

 put upon any closed package under the provisions of this act, shall be 

 punished by a fine not exceeding fifty dollars for the first offence, and by 

 a fine not exceeding one hundred dollars for each subsequent offence. 



Section 15. No person who sells or distributes or offers or exposes for 

 sale or distribution apples adulterated or misbranded within the meaning 

 of this act shall be deemed to have violated any of the provisions of this act, 

 if it shall appear that he acted in good faith solely as a distributor, or if 

 he shall furnish a guarant}'' signed by the person from whom he received 

 the apples, with the address of such person, that the apples are not adulter- 

 ated or misbranded within the meaning of this act. In such case, the 

 person from whom the distributor received the apples shall be liable for 

 the acts of the distributor who relied upon his guaranty, to the same extent 

 as the distributor would have been liable under the provisions of this act. 



Section 16. The word "person", as used in this act shall include 

 persons, fii-ms, corporations, societies and associations, and the acts of 

 agents and employees shall be construed to be the acts of their principals 

 and employers as well as ot the agents and employees. The words "closed 

 package" shall mean a barrel, box or other container the contents of which 

 cannot be sufficiently seen for purposes of inspection without opening the 

 container. 



