§ 159 — Sale of apples; presumption; rules and regulations

§ 159. Sale of apples; presumption; rules and regulations. 1. No\nperson shall sell, expose for sale, or transport for sale, within this\nstate, apples in closed packages which are not branded as required by\nsection one hundred and fifty-eight and marked with the grade of the\napples in conformity with the official standards and grades for apples\nestablished and promulgated by the commissioner under provisions of this\narticle, or with the official standards of the United States commonly\nknown as "U.S. grades," except apples in consumer containers of ten\npounds or less packed in the store, the contents of which shall conform\nin variety, grade, and size to a bulk display in connection therewith.\nSuch bulk display shall be plainly and conspicuously marked as to the\ngrade, variety, minimum diameter or numerical count of the apples.\n 2. No person shall sell, expose for sale, or transport for sale,\napples, either in open or closed packages, if the package containing\nthem or the label on them shall bear any statement, design or device\nregarding the apples which shall be false or misleading in any\nparticular.\n 3. No person shall sell or offer for sale, or transport for sale, in\neither open or closed packages, apples packed in such a manner that the\nface or shown surface shall not be an average of the contents of the\npackage.\n 4. When apples in closed packages are delivered to a common carrier\nfor shipment, or delivered to a storage house for storage, such delivery\nshall be presumptive evidence that the apples are intended for sale.\n The commissioner shall adopt and promulgate such rules and regulations\nto supplement and give full effect to the provisions of this article as\nhe may deem necessary.\n