280 THE APPLE 



two and one-quarter inches, two and one-half inches, two and three-quarter 

 inches, three inches, three and one-quarter inches, and so on, in accordance 

 with the facts. 



Minimum sizes may be designated by figures instead of words. The word 

 " minimum" may be designated by using the abbreviation " min." 



A tolerance or variation of five per centum on size shall be allowed in all 

 classes, but such five per centum shall not be in addition to the variations or 

 tolerances for defects provided in grades " Fancy," "A," and " B." 



{A) Every closed package containing apples grown in the state of New York 

 which is sold, offered, or exposed for sale, or packed for sale, or transported for 

 sale by any person shall bear upon the outside of one end in plain letters and 

 figures the name and address of the packer or the person by whose authority 

 the apples were packed and the package marked, the true name of the variety, 

 the grade or class of the apples therein contained, and the minimum size of the 

 fruit in the packages. If the true name of the variety shall not be known to 

 the packer or the person by whose authority the package is packed or branded, 

 then such variety shall be designated as " unknown." Every package of apples 

 which is repacked shall bear the name and address of the repacker or the 

 name of the person by whose authority it is repacked in place of that of the 

 original packer. 



(B) The marks or brands as prescribed by this act shall be in block letters 

 and figures of size of not less than thirty-six points Gothic. 



(C) It shall be unlawful for any person within the state to sell, offer or ex- 

 pose for sale, or pack for sale, or transport for sale apples which are adulter- 

 ated or misbranded within the meaning of this act. 



(D) For the purposes of this act apples packed in a closed package shall 

 be deemed to be misbranded. 



First. If the package shall fail to bear the statements required by this act. 



Second. If the package shall be falsely branded or shall bear any statement, 

 design, or device regarding such apples which is false or misleading, or if the 

 package bears any statement, design, or device indicating that the apples con- 

 tained therein are a given New York " standard grade " and said apples when 

 packed or repacked do not conform to the requirements of such grade. 



(E) For the purposes of this act apples packed in closed packages 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 convic- 

 tion 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 viola- 

 tion and not less than fifty dollars nor more than one hundred dollars for each 

 subsequent violation. 



(G) No person shall be prosecuted under the provisions of this act when 

 he can establish a guaranty signed by the person from whom he received such 

 articles to the effect that the same is not adulterated or misbranded within the 



