CHAPTER 6. LABELING PRODUCE CONTAINERS
IC 24-6-6
Chapter 6. Labeling Produce Containers
IC 24-6-6-1
Package defined
Sec. 1. The term "package" as used in this chapter shall beconstrued to mean any container which is used for the transportationof or sale of fruits and vegetables within the state.
(Formerly: Acts 1935, c.65, s.1.) As amended by P.L.152-1986,SEC.100.
IC 24-6-6-2
Fruit and vegetable containers; packing requirements
Sec. 2. Every person, firm, limited liability company, orcorporation who, by himself or by his agent or employee, packs orrepacks fresh fruits or vegetables in containers intended for sale,either privately or on the open market, shall cause the same to bemarked in a plain and indelible manner, as follows:
(1) With his full name and address, including the name of thestate where such fresh fruits and vegetables are grown orpacked.
(2) The net contents, by weight, if not in a standard containerbuilt in accordance with the specifications of the federal or statestandard container act, in which case the cubical contents shallbe sufficient.
(3) The grade, in accordance with the standards established bythis act.
All markings shall be in letters not less than one-half (1/2) of an inchin height.
(Formerly: Acts 1935, c.65, s.2.) As amended by P.L.152-1986,SEC.101; P.L.8-1993, SEC.370.
IC 24-6-6-3
Unlawful sales
Sec. 3. No person shall sell, offer for sale, expose, or have in hispossession for sale, either privately or on the open market, any freshfruits or vegetables packed in containers and intended for sale, unlesssuch containers are marked in accordance with the provisions of thischapter.
(Formerly: Acts 1935, c.65, s.3.) As amended by P.L.152-1986,SEC.102.
IC 24-6-6-4
Prohibition against certain markings
Sec. 4. No person shall sell, offer, expose or have in hispossession for sale, any fresh fruits or vegetables, packed in anypackage, upon which package is marked any designation whichrepresents such fruit as "No. 1," "Finest," "Best", "Extra Good","Fancy," "Selected," "Prime," "Standard," or other name denotingsuperior grade or quality, unless such fruit or vegetables consist of
well-grown specimens, sound, of nearly uniform size, normal shape,good color for the variety, and not less than ninety per cent (90%)free from injurious or disfiguring bruises, diseases, insect injuries orother defects, natural deterioration and decay in transit or storageexcepted.
(Formerly: Acts 1935, c.65, s.4.)
IC 24-6-6-5
Misrepresentation by package
Sec. 5. No person shall sell, offer or have in his possession forsale, either privately or on the open market, packed in any packagein which the face or shown surface gives a false representation of thecontents of such package, and it shall be considered a falserepresentation if such face shows more than ten per cent (10%), bycount, or weight, larger in size or superior in grade to or different invariety than the remaining portion of the package, naturaldeterioration and decay in transit or storage excepted.
(Formerly: Acts 1935, c.65, s.5.)
IC 24-6-6-6
Used containers; marking requirements
Sec. 6. When fruits and vegetables, packed in used containers, areoffered for sale carrying any markings pertaining to the previouscontents, the words "not original contents," shall be conspicuouslymarked, labeled, or tagged on the outside of each container in lettersnot less than one-fourth (1/4) of one (1) inch in height.
(Formerly: Acts 1935, c.65, s.6.)
IC 24-6-6-7
Commodities packed in another state; exception
Sec. 7. Fruits and vegetables packed in original containers andgraded according to the legal grades of the state wherein theyoriginated shall be exempt from the provisions of this chapterprovided such packages are marked with the grade, grower ordistributor, and address, and the state wherein grown, and providingthe grades of such state are the equivalent to or are more rigid thanthe federal grade.
(Formerly: Acts 1935, c.65, s.7.) As amended by P.L.152-1986,SEC.103.
IC 24-6-6-8
Repacking procedure; shipping requirements
Sec. 8. (a) Fruits and vegetables originating outside of the state ofIndiana, and which are repacked within the state, shall have the nameof the repacker or distributor and the name of the state where theproduct originated clearly marked on the package, in letters not lessthan one-half (1/2) inch in height.
(b) Fruits and vegetables originating outside of the state ofIndiana which are transported by motor vehicles or by railroad cars,whether shipped in bulk or in containers, shall be accompanied by a
certificate showing that such fruit or vegetables comply in allrespects with the requirements of the state and federal laws and theseveral rules and regulations issued thereunder by the properlyconstituted state and federal agencies.
(Formerly: Acts 1935, c.65, s.8.)
IC 24-6-6-9
Enforcement of chapter
Sec. 9. The state department of health, its division of weights andmeasures, food inspectors, sealers of weights and measures, andagents are hereby charged with the enforcement of the provisions ofthis chapter. It shall be the duty of every prosecuting attorney towhom the state department of health or any of its agents shall reportany violation of the provisions of this chapter to cause proceedingsto be commenced against the person or persons so violating theprovisions of this chapter and to prosecute the same to finaltermination.
(Formerly: Acts 1935, c.65, s.9.) As amended by P.L.152-1986,SEC.104; P.L.2-1992, SEC.764.
IC 24-6-6-10
Products in transit
Sec. 10. This chapter shall not apply to products in transit frompoint of origin to place of processing, or further grading orconditioning.
(Formerly: Acts 1935, c.65, s.10.) As amended by P.L.152-1986,SEC.105.
IC 24-6-6-11
Violations
Sec. 11. A person who violates this chapter commits a Class Cmisdemeanor.
(Formerly: Acts 1935, c.65, s.11.) As amended by Acts 1978, P.L.2,SEC.2423.
IC 24-6-6-12
Federal grading
Sec. 12. Federal grades, with any additions or changes, as well asany grades covering additional products, are hereby adopted by thestate of Indiana and shall be applied under the terms of this chapter.
(Formerly: Acts 1935, c.65, s.12.) As amended by P.L.152-1986,SEC.106.