§ 106-189. Sale and receptacles of standardized products must conform to requirements.
§ 106‑189. Saleand receptacles of standardized products must conform to requirements.
Whenever any standard for the grade or other classification of any farmproduct becomes effective under this Article no person thereafter shall packfor sale, offer to sell, or sell within this State any such farm product towhich such standard is applicable, unless it conforms to the standard, subjectto such reasonable variations therefrom as may be allowed in the rules andregulations made under this Article: Provided, that any farm product may bepacked for sale, offered for sale, or sold, without conforming to the standardfor grade or other classification applicable thereto, if it is especiallydescribed as not graded or plainly marked as "Not graded." Thisproviso shall not apply to peaches. (It is the intent and purpose of thisexemption to exempt peaches from the requirements of Article 17 of Chapter 106that ungraded peaches, when sold or offered for sale, shall be marked"ungraded," "field run," "not graded," "gradenot determined" or "unclassified," or words of similar import.)The Board of Agriculture, or the Commissioner of Agriculture, and theirauthorized agents, are authorized to issue "stop‑sale" orderswhich shall prohibit further sale of the products if they have reason tobelieve such products are being offered, or exposed, for sale in violation ofany of the provisions of this Article until the law has been complied with orsaid violations otherwise legally disposed of.
Whenever any standard for an open or closed receptacle for a farmproduct shall be made effective under this Article no person shall pack forsale in and deliver in a receptacle, or sell in and deliver in a receptacle,any such farm product to which such standard is applicable, unless thereceptacle conforms to the standard, subject to such variations therefrom asmay be allowed in the rules and regulations made under this Article, or unlessthe receptacle be of a capacity twenty‑five percent (25%) less than thecapacity of the minimum standard receptacle for the product: Provided, that anyreceptacle for such farm product of a capacity within twenty‑five percent(25%) of, or larger than, the minimum standard receptacle for the product maybe used if it be specifically described as not a standard size, or beconspicuously marked with the phrase, "Not standard size," inaddition to any other marking which may be prescribed for such receptaclesunder authority given by this Article.
Whenever any requirement for marking a receptacle for a farm productshall have been made effective under this Article no person shall sell anddeliver in this State any such farm product in a receptacle to which suchrequirement is applicable unless the receptacle be marked according to suchrequirements. (1919, c. 325, s.5; C.S., s. 4785; 1943, c. 483; 1969, c. 849.)