Section 158. Apples; adoption of grades; branding  


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  • The  commissioner is
      hereby authorized and empowered, after investigation and public hearing,
      to fix and promulgate official standards  for  grading  and  classifying
      apples  packed  or  repacked within the state, and to change any of them
      from time to time. In establishing such standards  he  shall  take  into
      account  the  factors  of  maturity,  soundness,  color  and  shape. The
      official standards so fixed and promulgated shall not be lower in  their
      requirements than the minimum requirements of the official standards for
      corresponding  grades  of apples as promulgated from time to time by the
      secretary of agriculture of  the  United  States,  which  standards  are
      commonly known as the "United States grades."
        Each  closed  package  of  apples,  when  sold,  exposed  for  sale or
      transported for sale, shall be  plainly  and  conspicuously  branded  to
      show:
        (1) Variety.
        (2) Grade.
        (3) Minimum diameter or numerical count.
        (4) Quantity of contents.
        (5) Name and address of packer or repacker.
        If  the  true  name  of  the  variety  is  not  known to the packer or
      repacker, the statement shall include the  words  "variety  unknown"  in
      place of the name of the variety.
        In case the branding upon any closed package of apples is changed, the
      person  making  the  change  shall  cancel  the  name and address of the
      original packer and substitute therefor his own name and address.