Section 168. Sale of fruit-bearing trees and grapevines; labels; damages

The vendor shall attach to  every  bundle  of  fruit-bearing  trees  and
  grapevines  sold  or shipped within this state a tag or label specifying
  the name of the variety of trees or  vines  contained  therein.  If  the
  bundle  shall  contain trees or vines of different varieties, such label
  or tag shall be attached to each tree or vine or group  thereof  of  the
  same  variety.  The purchaser of any fruit-bearing tree or grapevine not
  true to name as specified on such tag or label, shall have a  remedy  at
  law in a civil action to recover the damages sustained.  Such action may
  be brought at any time prior to the third bearing year.