§ 117H — Marking of container of potatoes; display of grade; application of section

Section 117H. Every container in which potatoes are packed, sold, distributed, offered or exposed for sale or distribution in the commonwealth shall be plainly and conspicuously marked by a tag, brand, label or stencil bearing the name and address of the packer, or the person by whose authority the potatoes are packed or distributed, and the proper grade of the potatoes contained therein. The person possessing the potatoes at any time shall be deemed responsible for the proper marking of the potatoes. On bulk displays in racks, bins or other receptacle from which potatoes are sold in retail quantities, the proper grade shall be plainly and conspicuously shown, but the provisions as to markings of name and address or person by whose authority the potatoes were packed shall not apply. Nothing in this section shall be construed to prevent a potato grower from selling potatoes at his premises or storage, or delivering potatoes to a central packing house, processing plant, or storage without such marking, except that any potatoes displayed or offered for sale at roadside stands, so called, shall be marked with the proper grade. The provisions of sections one hundred and seventeen G to one hundred and seventeen L, inclusive, shall not apply to properly tagged certified seed potatoes. All newspaper or display advertising of potatoes in which the price is stated shall also state the grade or grades of potatoes being advertised.Every container in which frozen blanched potatoes are packed, sold, distributed, offered or exposed for sale for commercial purposes only and not intended for sale directly to the consumer shall be plainly and conspicuously marked by a tag, brand, label or stencil bearing the state of origin of the potatoes, the grade of the potatoes and a brief description of the manner in which such potatoes are blanched.