N.Y. Agriculture & Markets Law § 159: Sale of apples; presumption; rules and regulations

§ 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.