2005 Idaho Code - 22-801 — FRUIT BOXES -- HOW MARKED -- MISUSE OF LABELS -- CANNED OR DRIED FRUIT EXCEPTED

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 8
                       FRUITS -- MARKING AND INSPECTION
    22-801.  FRUIT BOXES -- HOW MARKED -- MISUSE OF LABELS -- CANNED OR DRIED
FRUIT EXCEPTED. It shall be the duty of every person growing or packing and
selling, offering for sale (or) shipping in boxes or packages, any fruit grown
in this state, or imported into this state, to plainly mark the same on the
outside of the box or package with the name of the variety contained therein
or with the words "variety unknown," the name of the place or locality where
grown and the name of the grower, or, in the case of sale or shipment through
an association or organization of growers, the name of such association, and
the lot number of the grower, and, in case of apples, pears or peaches, the
net weight or the number contained in the package, and it shall be unlawful
for any person to mark, or place upon, any package the name of any other place
or locality than the place where such fruit was grown except the place to
which shipped, or to falsely mark any such package as to variety, name of
grower, association or organization or place where grown, or to obliterate or
change the original marks on any such package or to remark the same with the
name of any other grower or of any other place than that by or in which the
contents were grown, or in case such package is marked with the name of an
association or organization of growers to remark the same with the name of any
other association or organization, and it shall be unlawful for any person,
having in his possession for sale, or offering for sale, or selling any fruit
grown in this state and shipped in closed packages, to repack the same in the
boxes or packages of any other grower or shipper or from any other place, or
to sell or offer for sale in closed packages any such fruit except in the
original packages, or to pack in or offer for sale, from any marked box or
package, any fruit other than that originally contained or shipped therein. In
addition to the marks required to be placed upon any closed package of fruit
grown in this state, as hereinabove provided, the grower thereof, or
association or organization of growers packing the same, shall mark upon the
outside of such package the grade of the fruit contained therein, and it shall
be unlawful for any person to remark any such closed package as a higher or
superior grade than that originally marked by the grower thereof or
association or organization packing the same, or for any person other than the
grower or association or organization packing such fruit grown in this state
to place (on) any such closed package, not marked with the grade of the
contents thereof, any mark or brand indicating the grade of such contents.
Provided, that nothing in this section shall be construed to apply to canned
or dried fruit.