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