Section 159. Sale of apples; presumption; rules and regulations  


Latest version.
  • 1. No
      person shall sell, expose for sale, or transport for sale,  within  this
      state,  apples  in  closed packages which are not branded as required by
      section one hundred and fifty-eight and marked with  the  grade  of  the
      apples  in  conformity with the official standards and grades for apples
      established and promulgated by the commissioner under provisions of this
      article, or with the official standards of the  United  States  commonly
      known  as  "U.S.  grades,"  except  apples in consumer containers of ten
      pounds or less packed in the store, the contents of which shall  conform
      in  variety,  grade, and size to a bulk display in connection therewith.
      Such bulk display shall be plainly and conspicuously marked  as  to  the
      grade, variety, minimum diameter or numerical count of the apples.
        2.  No  person  shall  sell,  expose  for sale, or transport for sale,
      apples, either in open or closed packages,  if  the  package  containing
      them  or  the  label  on them shall bear any statement, design or device
      regarding  the  apples  which  shall  be  false  or  misleading  in  any
      particular.
        3.  No  person shall sell or offer for sale, or transport for sale, in
      either open or closed packages, apples packed in such a manner that  the
      face  or  shown  surface  shall not be an average of the contents of the
      package.
        4. When apples in closed packages are delivered to  a  common  carrier
      for shipment, or delivered to a storage house for storage, such delivery
      shall be presumptive evidence that the apples are intended for sale.
        The commissioner shall adopt and promulgate such rules and regulations
      to  supplement and give full effect to the provisions of this article as
      he may deem necessary.