CHAPTER 83

STATE BOARD OF AGRICULTURE

RELATING TO GRADING, MARKETING AND SALE OF APPLES

AN ACT RELATING TO THE STATE BOARD OF AGRICULTURE AND RELATING TO THE GRADING, MARKETING, AND SELLING OF DROPPED APPLES PACKED IN CLOSED PACKAGES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Apples packed in this State in closed packages and intended for sale within or without the State, which apples have fallen from the trees before being gathered, shall be graded as

924. Sec. 12. Certificates; Issuance of by Medical Council;

"Selected" grade shall consist of apples of one variety which meet all requirements of the Official United States Standards for apples as defined in the Combination U. S. No. 1 and U. S. Utility grade, except that the apples shall be fairly well formed; need not be hand-picked from the tree, and that broken skins and bruises, incident to "dropping from the tree" shall be allowed, providing that the damage from such dropping does not constitute serious damage.

Section 2. In order to allow for variations incident to proper grading, packing and handling, not more than a total of 10% of the apples in any lot shall be below the requirements of this grade, provided that not more than one-half of this tolerance, or 5% shall be seriously damaged and not more than two-fifths of this amount, or 2% shall be allowed for decay or internal breakdown.

Section 3. No part of this tolerance shall be used to reduce the percentage of apples of the higher grade required in this combination.

Section 4. Size Requirements:--The minimum size or numerical count shall be indicated on the package and not more than 5% of the apples shall be below the indicated minimum size.

Section 5. Packing Requirements:--

(a) Each package shall be packed so that the apples in the shown face shall be reasonably representative in size, color, and quality, of the contents of the package.

(a) Apples in round bottom or tub-type bushel or half bushel baskets shall be ringfaced and tightly packed with sufficient bulge to prevent any appreciable movement of the apples within the container when lidden.

() In order to allow for variations incident to proper packing not more than 5% of the containers in any lot may not meet

these requirements.

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Section 6. Marking Requirements:--Each container shall be plainly marked, on the outside thereof, with the name and address of owner, variety, grade, and minimum size in letters not less than one-half inch high.

Section 7. Rules and regulations governing the use of this apple grade:

A. It is the intent that this grade SUPPLEMENT AND NOT SUPPLANT the Unclassified Grade.

B. It is to be used only as follows: (1) On freshly packed or REPACKED apples.

C. The State Board of Agriculture reserved the right to prohibit the use of this grade when and where it is deemed advisable to do so.

Section 8. This Act shall take effect June first, nineteen hundred and thirty-nine, for a period of two years.

Approved April 24, 1939.