IC 24-6-6-1 Package defined
Sec. 1. The term "package" as used in this chapter shall be
construed to mean any container which is used for the transportation
of 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, or
corporation who, by himself or by his agent or employee, packs or
repacks fresh fruits or vegetables in containers intended for sale,
either privately or on the open market, shall cause the same to be
marked in a plain and indelible manner, as follows:
(1) With his full name and address, including the name of the
state where such fresh fruits and vegetables are grown or
packed.
(2) The net contents, by weight, if not in a standard container
built in accordance with the specifications of the federal or state
standard container act, in which case the cubical contents shall
be sufficient.
(3) The grade, in accordance with the standards established by
this act.
All markings shall be in letters not less than one-half (1/2) of an inch
in 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 his
possession for sale, either privately or on the open market, any fresh
fruits or vegetables packed in containers and intended for sale, unless
such containers are marked in accordance with the provisions of this
chapter. (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 his
possession for sale, any fresh fruits or vegetables, packed in any
package, upon which package is marked any designation which
represents such fruit as "No. 1," "Finest," "Best", "Extra Good",
"Fancy," "Selected," "Prime," "Standard," or other name denoting
superior 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 or
other defects, natural deterioration and decay in transit or storage
excepted. (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 for
sale, either privately or on the open market, packed in any package
in which the face or shown surface gives a false representation of the
contents of such package, and it shall be considered a false
representation if such face shows more than ten per cent (10%), by
count, or weight, larger in size or superior in grade to or different in
variety than the remaining portion of the package, natural
deterioration 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, are
offered for sale carrying any markings pertaining to the previous
contents, the words "not original contents," shall be conspicuously
marked, labeled, or tagged on the outside of each container in letters
not 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 and
graded according to the legal grades of the state wherein they
originated shall be exempt from the provisions of this chapter
provided such packages are marked with the grade, grower or
distributor, and address, and the state wherein grown, and providing
the grades of such state are the equivalent to or are more rigid than
the 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 of
Indiana, and which are repacked within the state, shall have the name
of the repacker or distributor and the name of the state where the
product originated clearly marked on the package, in letters not less
than one-half (1/2) inch in height.
(b) Fruits and vegetables originating outside of the state of
Indiana 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 all
respects with the requirements of the state and federal laws and the
several rules and regulations issued thereunder by the properly
constituted 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 and
measures, food inspectors, sealers of weights and measures, and
agents are hereby charged with the enforcement of the provisions of
this chapter. It shall be the duty of every prosecuting attorney to
whom the state department of health or any of its agents shall report
any violation of the provisions of this chapter to cause proceedings
to be commenced against the person or persons so violating the
provisions of this chapter and to prosecute the same to final
termination. (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 from
point of origin to place of processing, or further grading or
conditioning. (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 C
misdemeanor. (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 as
any grades covering additional products, are hereby adopted by the
state 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.
IC 24-6-6-1 Package defined
Sec. 1. The term "package" as used in this chapter shall be
construed to mean any container which is used for the transportation
of 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, or
corporation who, by himself or by his agent or employee, packs or
repacks fresh fruits or vegetables in containers intended for sale,
either privately or on the open market, shall cause the same to be
marked in a plain and indelible manner, as follows:
(1) With his full name and address, including the name of the
state where such fresh fruits and vegetables are grown or
packed.
(2) The net contents, by weight, if not in a standard container
built in accordance with the specifications of the federal or state
standard container act, in which case the cubical contents shall
be sufficient.
(3) The grade, in accordance with the standards established by
this act.
All markings shall be in letters not less than one-half (1/2) of an inch
in 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 his
possession for sale, either privately or on the open market, any fresh
fruits or vegetables packed in containers and intended for sale, unless
such containers are marked in accordance with the provisions of this
chapter. (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 his
possession for sale, any fresh fruits or vegetables, packed in any
package, upon which package is marked any designation which
represents such fruit as "No. 1," "Finest," "Best", "Extra Good",
"Fancy," "Selected," "Prime," "Standard," or other name denoting
superior 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 or
other defects, natural deterioration and decay in transit or storage
excepted. (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 for
sale, either privately or on the open market, packed in any package
in which the face or shown surface gives a false representation of the
contents of such package, and it shall be considered a false
representation if such face shows more than ten per cent (10%), by
count, or weight, larger in size or superior in grade to or different in
variety than the remaining portion of the package, natural
deterioration 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, are
offered for sale carrying any markings pertaining to the previous
contents, the words "not original contents," shall be conspicuously
marked, labeled, or tagged on the outside of each container in letters
not 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 and
graded according to the legal grades of the state wherein they
originated shall be exempt from the provisions of this chapter
provided such packages are marked with the grade, grower or
distributor, and address, and the state wherein grown, and providing
the grades of such state are the equivalent to or are more rigid than
the 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 of
Indiana, and which are repacked within the state, shall have the name
of the repacker or distributor and the name of the state where the
product originated clearly marked on the package, in letters not less
than one-half (1/2) inch in height.
(b) Fruits and vegetables originating outside of the state of
Indiana 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 all
respects with the requirements of the state and federal laws and the
several rules and regulations issued thereunder by the properly
constituted 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 and
measures, food inspectors, sealers of weights and measures, and
agents are hereby charged with the enforcement of the provisions of
this chapter. It shall be the duty of every prosecuting attorney to
whom the state department of health or any of its agents shall report
any violation of the provisions of this chapter to cause proceedings
to be commenced against the person or persons so violating the
provisions of this chapter and to prosecute the same to final
termination. (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 from
point of origin to place of processing, or further grading or
conditioning. (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 C
misdemeanor. (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 as
any grades covering additional products, are hereby adopted by the
state 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.
IC 24-6-6-1 Package defined
Sec. 1. The term "package" as used in this chapter shall be
construed to mean any container which is used for the transportation
of 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, or
corporation who, by himself or by his agent or employee, packs or
repacks fresh fruits or vegetables in containers intended for sale,
either privately or on the open market, shall cause the same to be
marked in a plain and indelible manner, as follows:
(1) With his full name and address, including the name of the
state where such fresh fruits and vegetables are grown or
packed.
(2) The net contents, by weight, if not in a standard container
built in accordance with the specifications of the federal or state
standard container act, in which case the cubical contents shall
be sufficient.
(3) The grade, in accordance with the standards established by
this act.
All markings shall be in letters not less than one-half (1/2) of an inch
in 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 his
possession for sale, either privately or on the open market, any fresh
fruits or vegetables packed in containers and intended for sale, unless
such containers are marked in accordance with the provisions of this
chapter. (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 his
possession for sale, any fresh fruits or vegetables, packed in any
package, upon which package is marked any designation which
represents such fruit as "No. 1," "Finest," "Best", "Extra Good",
"Fancy," "Selected," "Prime," "Standard," or other name denoting
superior 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 or
other defects, natural deterioration and decay in transit or storage
excepted. (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 for
sale, either privately or on the open market, packed in any package
in which the face or shown surface gives a false representation of the
contents of such package, and it shall be considered a false
representation if such face shows more than ten per cent (10%), by
count, or weight, larger in size or superior in grade to or different in
variety than the remaining portion of the package, natural
deterioration 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, are
offered for sale carrying any markings pertaining to the previous
contents, the words "not original contents," shall be conspicuously
marked, labeled, or tagged on the outside of each container in letters
not 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 and
graded according to the legal grades of the state wherein they
originated shall be exempt from the provisions of this chapter
provided such packages are marked with the grade, grower or
distributor, and address, and the state wherein grown, and providing
the grades of such state are the equivalent to or are more rigid than
the 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 of
Indiana, and which are repacked within the state, shall have the name
of the repacker or distributor and the name of the state where the
product originated clearly marked on the package, in letters not less
than one-half (1/2) inch in height.
(b) Fruits and vegetables originating outside of the state of
Indiana 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 all
respects with the requirements of the state and federal laws and the
several rules and regulations issued thereunder by the properly
constituted 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 and
measures, food inspectors, sealers of weights and measures, and
agents are hereby charged with the enforcement of the provisions of
this chapter. It shall be the duty of every prosecuting attorney to
whom the state department of health or any of its agents shall report
any violation of the provisions of this chapter to cause proceedings
to be commenced against the person or persons so violating the
provisions of this chapter and to prosecute the same to final
termination. (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 from
point of origin to place of processing, or further grading or
conditioning. (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 C
misdemeanor. (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 as
any grades covering additional products, are hereby adopted by the
state 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.
