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Group Title: Florida review (Tallahassee, FL)
Title: Florida review
ALL VOLUMES CITATION PAGE IMAGE ZOOMABLE PAGE TEXT
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00049005/00080
 Material Information
Title: Florida review
Physical Description: 5 v. : ill. ; 31 cm.
Language: English
Creator: Florida -- Bureau of Immigration
Publisher: Bureau of Immigration, Dept. of Agriculture
Place of Publication: Tallahassee Fla
Publication Date: 1926-1930
Frequency: semimonthly
regular
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Subject: Agriculture -- Periodicals -- Florida   ( lcsh )
Industries -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
periodical   ( marcgt )
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Dates or Sequential Designation: Vol. 1, no. 1 (June 7, 1926)-v. 5, no. 9 (Oct. 20, 1930).
Funding: Florida Historical Agriculture and Rural Life
 Record Information
Bibliographic ID: UF00049005
Volume ID: VID00080
Source Institution: Marston Science Library, George A. Smathers Libraries, University of Florida
Holding Location: Florida Agricultural Experiment Station, Florida Cooperative Extension Service, Florida Department of Agriculture and Consumer Services, and the Engineering and Industrial Experiment Station; Institute for Food and Agricultural Services (IFAS), University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001744570
oclc - 01279992
notis - AJF7332
lccn - sn 00229569

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Full Text

U.S .Dept. of Agriculture,







jforiba Rebittt

PUBLISHED SEMI-MONTHLY BY

BUREAU OF IMMIGRATION, DEPARTMENT OF AGRICULTURE
TALLAHASSEE, FLORIDA

Vol. 4 SEPTEMBER 16, 1929 No. 8


LAWS RELATING TO AGRICULTURE


FLORIDA CITRUS FRUIT LAW

AN ACT to Prohibit the Sale or Offering for Sale, the
Transportation, and the Preparation, Receipt or De-
livery for Transportation or Market of Any Citrus
Fruit that is Immature or Otherwise Unfit for Human
Consumption, and to Provide for the Enforcement
Thereof.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That, as used in this Act, the word "per-
son" shall extend to and include persons, partnerships,
associations and corporations; and that the word "box"
refers to the standard size containers now in common use
in this State in the packing and shipments of citrus fruit;
and the words "citrus fruit" shall extend to and include
only the fruits Citrus Grandis, Osbeck, commonly and
hereinafter called grapefruit or pomelo, and Citrus
Sinensis, Osbeck, commonly called sweet or round
oranges, and hereinafter called oranges, and Citrus
Nobilis Deliciosa, commonly and hereinafter referred to
as tangerines. The words "packing house" shall extend
to and include any structure or place prepared for and
used for packing or otherwise preparing citrus fruit for
market or transportation.
Sec. 2. It shall be unlawful for any person to sell or
offer for sale, or transport, to prepare, receive or deliver
for transportation or market any citrus fruit other than
tangerines, between the 31st day of August and the 1st
day of December in any year, and any tangerines
between the 31st day of August, and the 16th day of
November in any year unless such fruit is mature in
accordance with the maturity standards provided for in
this Act and is accompanied by a certificate of inspection
and maturity thereof as defined by this Act, issued by a
duly authorized Citrus Fruit Inspector of the Department
of Agriculture of the State of Florida. The certificates
of inspection and maturity mentioned in this Act shall be
of such number, form, size and character, and shall be
used in such manner to identify the fruit to which they
relate, as the Commissioner of Agriculture of this State
may by rule or regulation prescribe. Inspection for
maturity may be made at any time, anywhere, after the
fruit is severed from the tree until the shipment, after
inspection and certification, is accepted by a common
carrier, or until it has been transported beyond the State
line where being transported by other than a common
carrier, and with the further proviso that shipments in
bulk either by common carrier or otherwise to a packing
plant for re-packing in the State of Florida, must be
reinspected and recertified before final delivery to car-


rier, providing that only one inspection fee is to be paid
by the shipper. Provided, that it shall be unlawful dur-
ing the remaining period from December 1st to August
31st following in each year, for any person to sell or offer
for sale, to transport, to prepare, receive, or deliver for
transportation or market any citrus fruit other than tan-
gerines which is immature according to the standard of
this Act or otherwise unfit for human consumption, and
it shall be unlawful during the remainder of the period
from the 16th day of November to August 31st following
in each year for any person to sell or offer for sale, to
transport, to prepare, receive, or deliver for transporta-
tion or market any tangerines which are immature
according to the standard of this Act or otherwise unfit
for human consumption, or for any person to receive any
such citrus fruits under a contract of sale, or for the pur-
pose of sale, offering for sale, transportation, or delivery
for transportation thereof. Provided, further, that the
provisions of this Act shall not apply to sales of citrus
fruit "on the trees," nor to common carriers or their
agents when the fruit accepted for transportation or
transported by such common carrier is accompanied by
a proper certificate of maturity of such fruits as here-
inafter provided, nor when accepted by them for trans-
portation during the time when no inspection is required
by this Act.
Sec. 3-A. That within the purpose and meaning of
this Act, pomelos (grapefruit) shall be deemed to be
mature only when the total soluble solids of the juice is
not less than 8.5 per cent and when the ratio of total
soluble solids of the juice thereof to the anhydrous citric
acid is as follows:
(a) When the total soluble solids of the juice is not
less than eight and one-half (8.5) per cent, the minimum
ratio of total soluble solids to anhydrous citric acid shall
be seven to one (7 to 1).
(b) When the total soluble solids of the juice is not
less than nine (9) per cent, the minimum ratio of the
total soluble solids to anhydrous citric acid shall be six
and one-half to one (6.5 to 1).
(c) When the total soluble solids of the juice is not
less than ten (10) per cent, the minimum ratio of the
total soluble solids to anhydrous citric acid shall be six to
one (6 to 1).
(d) When the total soluble solids of the juice is not
less than eleven (11) per cent, the minimum ratio of
total soluble solids to anhydrous citric acid shall be five
and one-half to one (5.5 to 1).
(e) When the total soluble solids of the juice is not
less than twelve (12) per cent, the minimum ratio of total









2 FLORIDA REVIEW


soluble solids to anhydrous citric acid shall be five to
one (5 to 1).
The Commissioner of Agriculture may by regulation
prescribe a tolerance in the application of the standard
of maturity provided by this Act for pomelos (grapefruit)
such tolerance to be represented by a factor of two-tenths
which shall be defined and applied as hereinafter set
forth. Such tolerance, however, shall not be applied
until after the calculations of the tests are completed
and the definite ratio of parts of total soluble solids to
each unit part of anhydrous citric acid is determined.
Where the total soluble solids of grapefruit is between
8.3 per cent and 8.5 per cent the factor of tolerance shall
be interpreted as two-tenths of one per cent, or so much
thereof as may be necessary to bring the total soluble
solids of said grapefruit to 8.5 per cent. In all cases
where the total soluble solids of grapefruit is 8.5 per cent
or greater the factor of tolerance must be applied only
to the ratio of total soluble solids to anhydrous citric acid
after said ratio has been computed on the basis of parts
of total soluble solids to each unit part of anhydrous citric
acid. In such case the factor of tolerance shall be in-
terpreted as two-tenths of the unit used in said ratio
representing the unit part of anhydrous citric acid, and it
shall be applied by adding said two-tenths of said unit
to the numerator of the ratio, being that part of the ratio
representing the parts of total soluble solids. In cases
where the total soluble solids of grapefruit is less than
8.5 per cent but when the factor of tolerance is not
entirely used in bringing the total soluble solids to 8.5
per cent, the unused balance of said factor of tolerance
shall be applied as in other cases only to the ratio of
actual total soluble solids to anhydrous citric acid after
said ratio has been computed.
B. That within the purpose and meaning of this Act,
oranges shall be deemed to be mature only when the ratio
of the total soluble solids of the juice thereof to the an-
hydrous citric acid is not less than eight to one (8 to 1).
C. That within the purpose and meaning of this Act
tangerines shall be deemed to be mature only when the
ratio of the total soluble solids of the juice thereof to the
anhydrous citric acid is not less than eight to one (8 to 1).
D. In determining the total soluble solids the Brix
Hydrometer shall be used, and the reading of the hydro-
meter corrected for temperature shall be considered as
the per centum of total soluble solids. Anhydrous citric
acid shall be determined by titration of the juice, using
standard alkali and Phenolphthalein as the indicator, the
total acidity being calculated as anhydrous citric acid.
E. Any citrus fruit not conforming to the above
standards shall be deemed and held to be immature within
the meaning of this Act.
Sec. 4. The owner, manager, or operator of each
packing house at which it is intended to pack or prepare
citrus fruit for market or transportation during the then
present or the next ensuing citrus fruit shipping season,
shall register such packing house and its location, ship-
ping point, and post office with the Commissioner of
Agriculture, not less than ten (10) days before packing
or otherwise preparing any citrus fruit for sale or trans-
portation in or at such packing house; and he shall in
addition to such registration give the said Commissioner
not less than seven (7) days written notice of the date
on which packing, or other preparation for sale or trans-
portation between August 31st and December 1st of
citrus fruit of the then current or then next ensuing sea-
son's crop would be begun. The Commissioner of Agri-
culture shall issue a certificate of registration to each


such packing house registering. It shall be unlawful for
any person to operate a citrus fruit packing house or to
pack or otherwise prepare for sale or transportation any
citrus fruit at such packing house without having pre-
viously registered said packing house and given the notice
herein required, and receiving and still having unrevoked
from the Commissioner of Agriculture a certificate; pro-
vided, that no certificate of inspection and maturity of
any fruit shall be issued by any authorized inspector to
any person who has not registered with the Commissioner
during the then current year and has an unrevoked cer-
tificate of registration or has not given to said Commis-
sioner the notice as required by this Act, nor until after
payment of the inspection fee imposed by or under the
provisions of this Act and such payment evidenced as
herein required or authorized.
For wilfully and knowingly attempting to ship any
citrus fruit immature or unfit for human consumption the
Commissioner of Agriculture shall revoke for a period of
not less than five (5) nor more than fourteen (14) days
the certificate of registration of any packing house whose
owner, manager or operator or foreman or other person
in authority shall wilfully and knowingly attempt to ship
any such citrus fruit as aforesaid, and if the attempt be
accompanied by trickery, fraud, bribery or other fraudu-
lent methods or device then such revocation shall be for
such longer period as the Commissioner of Agriculture
shall deem necessary to prevent a repetition and for
repeated attempts the said Commissioner of Agriculture
shall permanently revoke said certificate and no inspec-
tion certificate shall be issued to any packing house whose
certificate of registration has been revoked, during the
period of such revocation, and no such packing house
shall be used for the packing or shipment of citrus fruit
during the period such registration certificate is revoked.
Sec. 5. Every vendor or shipper of citrus fruit other
than tangerines between the dates of August 31st and
December 1st of each year and every vendor or shipper
of tangerines between the dates of August 31st and
November 16th of each year shall pay to the Com-
missioner of Agriculture a fee of two and one-half cents
for every box of citrus fruit by him, it or them sold,
transported or delivered for transportation, or when such
fruit is sold or transported in bulk or in containers
other than standard size boxes shall pay two and one-half
cents for each two (2) cubic feet or each eighty (80)
pounds of such fruit; provided, however, that if the
Governor and Commissioner of Agriculture shall deter-
mine, not less than thirty (30) days before the first day
of September in any year, that a smaller fee than that
herein named will produce sufficient funds to defray the
expenses of and incident to the enforcement of this Act
during the then next ensuing citrus fruit shipping or
marketing season the Governor may by order and procla-
mation reduce the fee to be paid during the next ensuing
season to such sum as may be deemed sufficient for said
purpose.
Such fee shall be due when the fruit is prepared for
market or transportation and payment thereof shall be
evidenced by stamps; as hereinafter provided. And it
shall be unlawful to sell, deliver, transport, or deliver or
receive for transportation, any citrus fruit, payment of
the fee for which is not evidenced by proper stamps as
may be provided by regulation prescribed by the Com-
missioner of Agriculture.
Provided, however, that the provisions of this Section
shall not apply to the transportation or carriage of fruit
from grove to packing houses within this State.









FLORIDA REVIEW 3


Jlariiba Rbienf
Published Semi-Monthly by
Bureau of Immigration, Department of Agriculture
Tallahassee, Florida

NATHAN MAYO..... .......... Commissioner of Agriculture
T. J. BROOKS ............ Asst. Commissioner of Agriculture
Entered as second-class matter, June 25, 1926, at the Post Office
at Tallahassee, Florida, under the Act of June 6, 1920.
Will be mailed free to anyone upon request.


Vol. 4


SEPTEMBER 16, 1929


Sec. 6. It shall be the duty of the Commissioner of
Agriculture to furnish the venders and shippers of citrus
fruits with such stamps to be attached to the packages of
fruits prepared for sale, transportation, or delivery for
transportation, or to the certificate of inspection and
maturity, herein provided for, or to the shipping receipt,
as the Commissioner of Agriculture may by rule or regu-
lation prescribe.
Sec. 7. It shall be unlawful for any authorized In-
spector to make or deliver a certificate of inspection and
maturity of any citrus fruit upon which the inspection
fee hereby imposed or authorized has not been paid,
or to make or issue any false certificate as to inspection,
maturity, or payment of inspection fees.
Sec. 8. All citrus fruit prepared for sale or trans-
portation, or which is being prepared for such purposes,
or which has been or is being delivered for sale or trans-
portation, that may be found to be immature or otherwise
unfit for human consumption upon inspection and testing,
shall be seized and destroyed by a Citrus Fruit Inspector
or the Sheriff of the county where found, as may be pro-
vided by regulations prescribed by the Commissioner of
Agriculture.
Sec. 9. That the Commissioner of Agriculture may
in each year employ as many Citrus Fruit Inspectors, for
such period or periods, not exceeding one (1) year, as
said Commissioner shall deem necessary for the effective
enforcement of this Act.
All persons authorized under the provisions of this Act
to inspect and certify to the maturity of citrus fruit shall
be governed in the discharge of their duties as such In-
spectors by the provisions of this Act and by the rules and
regulations prescribed by the Commissioner of Agricul-
ture as herein authorized and shall perform their duties
under his direction and supervision.
Sec. 10. The salary of each Citrus Fruit Inspector
shall be at the rate of One Hundred and Fifty Dollars
($150.00) per month, and in addition thereto shall re-
ceive his or her necessary traveling and other expenses
incurred by him or her in the discharge of his or her
duties as such Inspector, which shall be paid upon ap-
proval of accounts therefore by the Commissioner of
Agriculture. The Commissioner is hereby authorized and
empowered to employ such additional field and other
agents and clerical assistance, at such times and for such
periods and to incur and pay any other expenses, includ-
ing traveling expenses of the Commissioner of Agricul-
ture, during the citrus fruit season as may be necessary
for the effective enforcement of this Act, and to secure
the payment of the inspection fees hereby imposed or
that may be imposed under the authority of this Act.
In cases of emergency or necessity when no Citrus
Fruit Inspector is available for inspection of a particular


lot of citrus fruit, the Commissioner may designate some
fit and competent individual to inspect, test and certify
as to such lot of fruit. Certificates made or issued by
such designated individual shall be signed by him or her
as "Special Citrus Fruit Inspector;" he or she shall not
be required to give any bond, but shall be subject to the
penalties imposed by this Act for violation of any of the
provisions hereof.
Sec. 11. The Commissioner of Agriculture shall, from
time to time, as he may deem to be expedient and
necessary, make and promulgate rules and regulations
for carrying out and enforcing the provisions and regu-
lations of this Act.
Sec. 12. It shall be unlawful for any person to ob-
struct, hinder, resist, interfere with, or attempt to
obstruct, hinder, resist, or interfere with any authorized
Inspector in the discharge of any duty imposed upon or
required of him or her by the provisions of law or by
any rule or regulation prescribed by the Commissioner
of Agriculture as herein authorized, or to change or
attempt to change any instrument, substance, article or
fluid used by any such inspector or emergency Inspector
in making tests of citrus fruit.
Sec. 13. Any person who shall violate any of the
provisions of this Act or do or commit any act herein
declared to be unlawful, or shall violate any reasonable
rule or regulation made and promulgated by the Com-
missioner of Agriculture in pursuance of the authority
therefore herein given, shall be punished by a fine of not
less than Fifty Dollars ($50.00), and not more than Five
Thousand Dollars ($5,000.00), or by imprisonment in
the State prison for not more than five (5) years, or by
both such fine and imprisonment in the discretion of the
Court.
Sec. 14. All money received by the Commissioner of
Agriculture for inspection fees and certificates of in-
spection and maturity shall be paid by him to the State
Treasurer, who shall deposit said money to account of
the "General Inspection Fund."
All salaries and other expenses incurred in the execu-
tion and enforcement of the provisions of this Act shall
be paid out of such "General Inspection Fund" by
vouchers approved by Commissioner of Agriculture and
warrant issued thereon by the Comptroller.
Sec. 15. All laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 16. This Act shall take effect August 1st, 1929.
Approved May 29, A. D. 1929.

FROZEN FRUIT LAW

AN ACT to Prevent the Sale or Transportation of Citrus
Fruit that Has Become Unfit for Consumption by Rea-
son of the Effects of Frost or Freeze; to Empower the
Commissioner of Agriculture, in the Event of Serious
Damage to Citrus Fruit by Frost or Freeze, to Employ
Inspectors to Prevent the Sale or Transportation of
Such Fruit as Has Become Unfit for Consumption; to
Empower the Commissioner of Agriculture to Coope-
rate by and Through Said Inspection Service, or Other-
wise, with the United States Department of Agriculture
in Carrying Out the Purposes of This Act; and to
Provide for Enforcement Thereof.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. In the event that any considerable portion
of the citrus fruit produced in the State of Florida, and
on the trees at the time, shall have suffered such serious








4 FLORIDA REVIEW


damage by reason of the occurrence of a severe frost
and/or a freeze as to have become unfit for consumption,
the Commissioner of Agriculture, in his discretion, and
by and with the consent and advice of the Governor,
shall have the power to declare the existence of a state
of emergency in the citrus industry. It shall forthwith
become the duty of the Commissioner of Agriculture to
employ as many Emergency Inspectors for such period
or periods, not longer than until the next ensuing June
1st, as he may deem necessary for the effective enforce-
ment of this Act.
Sec. 2. Such Emergency Inspectors shall have the
right and authority and it shall be their duty under the
supervision of the Commissioner of Agriculture, and
subject to such rules and regulations as said Commis-
sioner of Agriculture may promulgate in accordance with
this Act, to inspect citrus fruit found at any packing
house, or at any other place where the same is being
prepared for shipment or for sale; provided that, except
as to shipments of citrus fruit in bulk, all samples drawn
for inspection under the terms of this Act shall be taken
only from the packing bins or from the place where
said fruit is last found in bulk before being packed in
the boxes or containers in which said fruit is to be sold
or transported. In the eveiit that any of such fruit is
found to be so damaged as to be unfit for consumption,
it shall be the duty of said Emergency Inspectors detect-
ing such condition to inform the manager, or other per-
son in active charge of the packing house where such
damaged fruit is found that the same is unfit for con-
sumption and should not be sold or transported. It
shall likewise be the duty of said Emergency Inspectors
to notify the Commissioner of Agriculture as to the dis-
position of said damaged fruit and as to all facts con-
cerning the condition of the same. In the event that
such damaged fruit so found to be unfit for consumption
shall not be destroyed by shipper, it shall become the
duty of the Commissioner of Agriculture to forthwith
furnish all information concerning the same to the
United States Department of Agriculture and/or the
officials, agents or inspectors of said United States De-
partment of Agriculture, or of any bureau thereof,
engaged in the work of inspecting and condemning such
damaged fruit. It shall likewise be the duty of said
Commissioner of Agriculture to cooperate fully with the
United States Department of Agriculture and its agents
in effecting the condemnation and destruction under the
United States laws of all such damaged fruit which shall
be shipped, sold or transported in spite of the warning
of said Emergency Inspectors, and in assisting in the
prosecution of all persons who may be prosecuted in the
United States Courts by reason of the sale or transporta-
tion of said damaged fruit.
Sec. 3. It is the purpose of this Act that such Emer-
gency Inspectors as are provided for herein shall be used
by the Commissioner of Agriculture so as to enlarge and
assist the Inspection Service of the United States De-
partment of Agriculture and that such Emergency
Inspectors shall use such tests and standards in determin-
ing the fitness or unfitness for consumption of damaged
fruit as may be from time to time prescribed by the
Bureau of Chemistry of the United States Department
of Agriculture for use by its own licensed inspectors and
agents.
Sec. 4. The Commissioner of Agriculture shall from
time to time as he may deem it to be expedient and
necessary make and promulgate rules and regulations
for carrying out and enforcing the provisions and regu-


lations of this Act, provided, that such regulations shall
incorporate the standards and tests prescribed from time
to time by the Bureau of Chemistry of the United States
Department of Agriculture.
Sec. 5. It shall be unlawful for any person to obstruct
or resist any Emergency Inspector in the performance
or discharge of any duty imposed upon or required of
him or her by the provisions of this Act or by any rule
or regulation prescribed by the Commissioner of Agri-
culture as herein authorized.
Sec. 6. It shall be unlawful for any Emergency In-
spector to make or issue any false report or statement as
to inspection of any fruit or as to the condition of any
citrus fruit inspected by him.
Sec. 7. The Emergency Inspectors employed under the
provisions of this Act shall each hold office until such
time as the Commissioner of Agriculture may deem
proper to discontinue his services, or until such time as
the Supervising Inspector may advise the Commissioner
of Agriculture either that the services of such Emergency
Inspector are not satisfactory or that the services of such
Emergency Inspector are no longer required. Each
Emergency Inspector employed under the provisions of
this Act shall receive a salary of one hundred fifty
dollars ($150.00) per month, and in addition thereto
shall receive his necessary traveling and other expenses
incurred by him in the discharge of his duties as such
Inspector, which shall be paid upon approval of accounts
by the Supervising Inspector and the Commissioner of
Agriculture. Such salaries and expenses shall be paid
out of the "General Inspection Fund" created by Chap-
ter 10149, Acts of 1925. The Commissioner of Agri-
culture is hereby authorized to employ such additional
field and other agents and clerical assistance, at such
times and for such periods and to incur and pay out of
the "General Inspection Fund" on vouchers approved
by the Supervising Inspector and Commissioner of Agri-
culture, any other expenses, including traveling expenses
of the Commissioner of Agriculture, during such period
of emergency season as may be necessary for the effec-
tive enforcement of this Act.
Sec. 8. The State Chemist and Assistant State Chemist
of the State of Florida shall retain all power and
authority heretofore vested in them in regard to in-
spection in any ways affected by the provisions of this
Act.
Sec. 9. Any person who shall violate any of the pro-
visions of this Act shall be punished by a fine of not
less than Fifty Dollars ($50.00) and not more than One
Thousand Dollars ($1,000.00) or by imprisonment for not
less than one month and not more than twelve months, or
both such fine and imprisonment in the discretion of the
Court.
Sec. 10. All laws in conflict with the provisions of
this Act are hereby repealed.
Sec. 11. This Act shall take effect immediately upon
its becoming a law.
Approved May 27, 1927.


ARSENICAL SPRAY LAW

AN ACT to Prohibit the Use of Arsenic or Any of Its
Derivatives or Any Combination, Compound or Prepa-
ration Containing Arsenic, as a Fertilizer or Spray on
Bearing Citrus Trees; To Prohibit the Sale or Trans-
portation of Citrus Fruit Containing Any Arsenic; and
to Provide for Enforcement Thereof.









FLORIDA REVIEW 5


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. It shall be unlawful for any person, part-
nership, association or corporation owning, managing or
tending and cultivating citrus groves or trees to use
arsenic or any of its derivatives or any combination, com-
pound or preparation containing arsenic as a fertilizer
or spray on bearing citrus trees except when so ordered
by the Federal Government or State Plant Board for the
purpose of destroying the Mediterranean fruit fly.
Sec. 2. It shall be unlawful for any person, part-
nership, association or corporation to sell or offer for
sale, transport, prepare, secure or deliver for transporta-
tion or market, any citrus fruit of any variety which shall
contain any arsenic, or any compound or derivative of
arsenic, provided it does not come from within a quaran-
tined area or which has been within a quarantined area
for one year previous to time of gathering of fruit.
- Sec. 3. The citrus fruit inspectors who shall be em-
ployed by the Commissioner of Agriculture in accord-
ance with Section 9, Chapter 11875 of the Acts of 1927,
shall be authorized to inspect citrus fruit hereunder at
any packing house or other place where citrus fruit is
being received or prepared for sale and transportation
and to carry out the provisions of this Act in general
under the direction and supervision of the Commissioner
of Agriculture and subject to the provisions of law and
the rules and regulations prescribed by the Commissioner
of Agriculture, provided that this Section shall not apply
to fruit within the area quarantined on account of the
Mediterranean fruit fly.
Sec. 4. Whenever any citrus fruit inspector shall
find citrus fruit at any packing house or other place
where the same is being received or prepared for sale or
transportation which citrus fruit shall, when tested under
the provisions of Chapter 10103, Laws of 1925, show an
abnormal and excessively high ratio of total soluble solids
of the juice thereof to the Anhydrous Citrus Acid thereof,
indicating the presence of arsenic therein, it shall become
the duty of said inspector to at once seize and take
possession of said citrus fruit pending the procuring of
the chemical analysis hereinafter provided for, notifying
the manager or other person in charge of said packing
house of such seizure. It shall be unlawful for the man-
ager of said packing house, or the owner of said citrus
fruit, or any person whomsoever to sell, transport or in
any way move or dispose of any of said fruit from the
time of seizure thereof until after the making of said
chemical analysis and the receipt of the chemist's report
thereon; provided that no citrus fruit so seized may be
held by any inspector more than 96 hours after the time
of seizure thereof unless the same shall be shown by
the chemist's analysis to contain arsenic; provided fur-
ther that the provisions of this section shall not apply
to fruit within the area quarantined on account of the
Mediterranean fruit fly.
Sec. 5. Upon the making of seizure of any citrus
fruit as provided for in Section 4 hereinabove, it shall be
the duty of the inspector making said seizure to imme-
diately draw samples therefrom as shall be provided for
by regulations to be issued by the Commissioner of Agri-
culture, drawing said samples either from the packing
house bins, or elsewhere in the packing house, or from
field boxes or vehicles delivering said citrus fruit to said
packing house. Such samples, so drawn by said in-
spector, shall be transported with all possible haste to
such chemist or chemists as may be designated by the
Commissioner of Agriculture for the making of such


chemist or chemists of a chemical analysis thereof to
determine whether or not the said citrus fruit contains
arsenic. It shall be the duty of said chemist or chemists
to make said analysis with all proper haste and to report
by the quickest means available the result of said
analysis, as soon as the same is completed, to the in-
spector making the seizure. If the said analysis shall
show that the said citrus fruit contains no arsenic it
shall be the duty of the Inspector to release the fruit
from seizure as soon as he receives the report of the
chemist or chemists thereon.
Sec. 6. All citrus fruit prepared for sale or trans-
portation or which is being prepared for such purposes,
or which has been or is being delivered for sale or trans-
portation, that may be shown by the chemical analysis
hereinabove provided for to contain arsenic or any com-
pound or derivative of arsenic shall be destroyed by the
inspector making seizure of the same or by any citrus
fruit inspector or by the sheriff of the county where
found, as may be provided by regulations prescribed by
the Commissioner of Agriculture, provided that this sec-
tion shall not apply to fruit within the area under quar-
antine because of the Mediterranean fruit fly or that has
been within the quarantined area during one year from
the time of gathering of the fruit.
Sec. 7. The Commissioner of Agriculture shall from
time to time, as he may deem to be expedient and neces-
sary, make and promulgate rules and regulations for
carrying out and enforcing the provisions and regulations
of this Act.
Sec. 8. It shall be unlawful for any person to
obstruct or resist any citrus fruit inspector or any special
citrus fruit inspector in the performance or discharge of
any duty imposed upon or required of him or her by the
provisions of this Act or by any rule or regulations pre-
scribed by the Commissioner of Agriculture as herein
authorized.
Sec. 9. Any person who shall violate any of the pro-
visions of this Act, or do or commit any act herein
declared to be unlawful, or shall violate any reasonable
rule or regulation made and promulgated by the Com-
missioner of Agriculture in pursuance of the authority
therefore herein given, shall be punished by a fine of not
less than Five Hundred Dollars ($500.00) and not more
than Ten Thousand Dollars ($10,000.00) or by imprison-
ment for not less than one month and not more than
twelve months, or by both such fine and imprisonment in
the discretion of the Court.
Sec. 10. All laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 11. This Act shall take effect immediately upon
its becoming a law.
Approved May 25, 1927.
Amendments Approved June 29, 1929.

EGG LAW

AN ACT to Classify Eggs and Regulate the Sale of Same
and Providing Certain Penalties for Violation Thereof.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That within the intent and purpose of this
Act eggs are classified as: (A) Cold Storage Eggs, con-
strued to mean eggs which have been in cold storage;
(B) Shipped Eggs, construed to mean eggs shipped into
the State of Florida which have not been in cold storage;
(C) Fresh Florida Eggs, construed to mean eggs pro-
duced in Florida which are neither partly nor wholly









6 FLORIDA REVIEW


decomposed and which have not been in cold storage or
processed.
Sec. 2. That from and after the passage of this Act.it
shall be unlawful for any person, firm, association or
corporation within this State: (A) To offer for sale or
sell at wholesale or retail any case of eggs without
clearly imprinting thereon, or securely pasting thereto a
label not smaller than seven inches by seven inches on
which shall be plainly and legibly printed, the name and
address of the packer of said eggs and the classification
to which same belongs as hereinbefore designated. Pro.
vided, this Act shall not apply to any case of eggs not
divested of its interstate character. (B) Or to offer for
sale or sell any pasteboard or other carton of eggs with-
out first imprinting or stamping thereon in letters not
smaller than three-eighths of an inch in height the classi-
fication as above set forth in which the eggs contained
therein belong, and also the packer's name and address
in smaller type. (C) Or to offer to sell or sell eggs in
bulk (not in cartons) from any open case, box or other
receptacle holding said eggs in bulk without displaying
conspicuously on every such open case, box or other
receptacle, a placard of heavy cardboard not smaller
than eight inches by eleven inches in size on which shall
be legibly and plainly printed in letters not smaller than
one inch in height wording showing whether the said
eggs offered for sale or sold are "cold storage eggs,"
"shipped eggs," or "fresh Florida eggs." (D) Or to
offer eggs for sale in any newspaper advertisement or
circular without plainly designating in such newspaper or
circular in which of the above named classifications the
eggs being offered for sale properly belong.
Sec. 3. Any person, firm, association or corporation
violating Section 2 of this Act is guilty of a misdemeanor,
and upon conviction thereof shall be sentenced to pay a
fine of not less than Fifty ($50.00) Dollars nor more
than Two Hundred ($200.00) Dollars, or to imprison-
ment for not more than ninety (90) days in the County
Jail.
Sec. 4. This Act shall take effect immediately upon
its passage and approval by the Governor or upon its
becoming a law without such approval.
Became a law without approval of Governor.

STANDARDIZATION FRUIT AND VEGE-
TABLE LAW

AN ACT to Establish Standard Grades for Fruits and
Vegetables in the State of Florida, to Provide for
Cooperative Shipping Point Inspection Service and
Expenses Thereof, to Provide for Rule of Evidence in
Court, in Certain Cases, and to Provide for Assistants
to the State Marketing Commissioner in the Carry-
ing Out of the Provisions of This Act.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That the standard grades of all fruits and
vegetables shall be the same as those of the United States
grades as now promulgated or which may be promul-
gated by the United States Department of Agriculture.
Sec. 2. That the Florida State Marketing Bureau,
cooperating with the United States Department of Agri-
culture, shall, when requested by the shipper, furnish
carlot inspection of fruits and vegetables at shipping
point, furnishing certificates in conformity with those
used by the United States Department of Agriculture
in shipping point inspection, provided the expense or
charge of such inspection shall be paid by the shipper.


Sec. 3. That all fees for inspection shall be paid to
the State Marketing Commissioner, who shall deposit
same in a fund to be known as the Cooperative Inspec-
tion Fund, and all expenses for inspection service shall
be paid from said fund upon the approval and at the
direction of the State Marketing Commissioner.
Sec. 4. That all such cooperative Government cer-
tificates shall be accepted as prima facie evidence in the
courts of Florida.
Sec. 5. That the State Marketing Commissioner shall
employ such assistants as are necessary to carry out the
provisions of this Act.
Sec. 6. That all laws or parts of laws in conflict with
this Act be and the same are hereby repealed.
Sec. 7. That this Act shall take effect upon its becom-
ing a law.
Approved May 23, 1927.

MILK AND CREAM LAW

AN ACT to Define and Regulate the Sale of Milk and
Cream in the State of Florida, and Provide for the En-
forcement of the Regulations Made Under this Act.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That for the purpose of this Act the stand-
ards for milk and cream shall be as follows:
Milk is hereby defined to be whole, fresh, clean, lacteal
secretion obtained by the complete milking of one or
more healthy cows, properly fed and kept, excluding that
obtained within fifteen days before, and five days after
calving, or such longer period as may be necessary to
render such milk practically colostrom-free; and shall
contain not less than eight and fifty one-hundredths
(8.50%) per cent solids, not fat, and three and one-
quarter (3.25%) per cent butter fat.
Cream is hereby defined to be that portion of milk,
rich in milk fat, which rises to the surface of milk on
standing, or is separated from it by centrifugal force,
which is fresh and clean, obtained from fresh milk pro-
duced by healthy cows, properly fed and located or kept,
and shall contain not less than eighteen (18%) per cent
of milk fat and not more than two-tenths (2/10%) per
cent of solid reacting substance calculated in terms of
lactic acid, except sour cream having an acidity test of
not lower than three-tenths (3/10%) per cent and known
as sour cream for manufacture of butter.
Sec. 2. No person by himself, or his agents, or
servants, shall sell, offer for sale, expose for sale, or have
in his possession with intent to sell, any milk or cream
herein defined by this Act that does not conform to the
standard of the definition of milk and cream contained
in this Act, provided that nothing in this Act shall apply
to producers of milk in Florida who produce and dispose
of the milk from five cows or less, by sale or otherwise,
in such county where such milk is produced.
Sec. 3. It shall be the duty of every person, firm,
association or corporation who ships or sells milk and
cream in the State of Florida or brought from points
outside of the State after the effective date of this Act
to cause the same to be so labeled or identified in such
manner or form as may be prescribed by the Commis-
sioner of Agriculture as will advise the consumer of the
nature and kind of milk or cream and will indicate the
state or county in which same was produced, and all dis-
tributors or receivers of and for milk and cream shall be
required to furnish all customers, wholesale or retail, with
information to be placed upon the containers in which











FLORIDA REVIEW


the milk or cream is handled showing the source of pro-
duction of the milk or cream as hereinbefore required.
Sec. 4. All milk and cream shall, when sold in
bottles or other receptacle to consumers or to dealers for
resale to consumers, be plainly and conspicuously labeled
in such manner as may be prescribed by the Commis-
sioner of Agriculture as will show the grade under which
it is sold and the source of production of same indicating
the name of the state in which the milk or cream was
produced, providing that no such milk or cream shall
be offered for sale until upon examination by the proper
official of the Board of Health it is found to meet require-
ments of this bill or the requirements of the city or town
in which it is to be offered for sale.
Sec. 5. It shall be unlawful for any milk, either im-
ported or domestic, to be repasteurized, and it shall also
be unlawful to mix domestic milk with milk brought in
from any point outside of the State of Florida prior to
sale to distributors, retailers or consumers.
Sec. 6. It shall be unlawful for any person, firm,
association or corporation, except the initial producer
doing business in the State of Florida, to receive, offer
for sale, transport, prepare or deliver for transportation
or sale, as milk processors or dealers, any milk or cream,
without first obtaining from the Commissioner of Agri-
culture a State License as a dealer in milk and cream.
Applications for State License as provided under this
Act shall plainly state under oath of the owner or man-
ager of the individual, company, firm, association or cor-
poration applying for same that all products of milk or
cream which they desire to sell in this State are to be
produced from healthy herds and under proper sanitary
conditions, and the Commissioner of Agriculture may re-
quire from applicants a statement under oath from the
proper official or officials of any state, county or munici-
pality outside of this State when milk produced outside
of the State is proposed to be sold in the State, certifying
to the condition of production or handling of such milk
or cream as shall be proposed to be shipped from their
jurisdiction into the State of Florida to be handled by
the applicant, and also as to the health of any and all
herds from which all milk or cream is to be shipped into
this State from points outside of the State. Upon filing
of such application as herein set forth, the Commissioner
of Agriculture shall issue to the applicant a State License
upon receipt by him of the sum of Twenty-five Dollars
($25.00), provided that license for one-half year may be
issued for the sum of Twelve Dollars and Fifty Cents
($12.50). All licenses issued shall become null and void
at the expiration of September 30th of each year, after
which new licenses shall be obtained upon the payment
of the fee herein provided for the next ensuing year.
Provided that nothing contained in this section shall apply
to any common carrier.
Sec. 7. The Commissioner of Agriculture may at any
time, for just cause, and after reasonable notice and
hearing, revoke any license that may have been issued
under the next preceding section of this Act when it shall
have been made to appear that any license has violated
any provisions of this Act or any reasonable rule or regu-
lations prescribed for its enforcement.
Sec. 8. The provisions of this Act may be enforced
under the supervision of the State Board of Health of the
State of Florida and by local health officers of the various
municipalities of the State of Florida as to milk or cream
sold or offered for sale within the jurisdiction of such
municipality.
Sec. 9. The Commissioner of Agriculture is hereby


authorized to employ field and other agents and clerical
assistance at such times and for such periods as may be
necessary to enable him to enforce the provisions of this
Act and to incur and pay any of the expenses thereof
out of the "General Inspection Fund" created by Chapter
10149, Laws of Florida, Acts of 1925, on vouchers ap-
proved by the Supervising Inspector and Commissioner
of Agriculture, including traveling expenses, and the
same are hereby appropriated for that purpose of said
General Inspection Fund, provided, however, that the
sum of not exceeding Fifteen Thousand Dollars
($15,000), per annum shall be expended under the pro-
visions of this Act for its enforcement.
Sec. 10. The Commissioner of Agriculture shall from
time to time, as he may deem expedient and necessary,
make and promulgate rules and regulations for carry-
ing out and enforcing the provisions and requirements of
this Act, which rules and regulations shall be issued by
him in pamphlet form for distribution to the public upon
request therefore.
Sec. 11. It shall be unlawful for any person to
obstruct or resist any authorized inspector designated by
the Commissioner of Agriculture or acting for any State,
County or local Board of Health in this State while such
inspector is in the reasonable performance or discharge
of any duty imposed upon, authorized or required of
him by the provisions of this Act, or by any rule or regu-
lation prescribed hereunder.
Sec. 12. Any person who shall violate any of the
provisions of this Act, or shall do or commit any act
herein declared to be unlawful, or shall violate any rea-
sonable rule or regulation made or promulgated by the
Commissioner of Agriculture by virtue of the authority
herein given shall be punished by a fine of not more than
Five Thousand Dollars ($5,000.00), or by imprisonment
of not more than twelve months in the county jail.
Sec. 13. This law shall be construed as an Act in-
tending to secure to the people of Florida the assurance
that milk sold or offered for sale to the public is produced
under sanitary conditions and is wholesome and fit for
human consumption and is being offered to the public
under its correct designation as to grade and quality and
as to source of production.
Sec. 14. In the event that any section or part of
section of this Act shall be declared invalid, unconstitu-
tional or unenforceable the Legislature hereby declares
that it was the purpose of the Legislature to enact this
law irrespective of such invalid or unconstitutional
feature and that the remainder of this Act shall not in
any wise be affected or be made invalid by any one or
more portions thereof being found to be unconstitutional
or unenforceable.
Sec. 15. Wherever any municipality shall have estab-
lished any standard of qualification for sale of milk or
cream within its jurisdiction which is in excess of the
requirements of this Act defining milk and cream, noth-
ing in this Act shall be construed as superseding or ren-
dering ineffective or invalid any local regulation of any
such municipality prescribing standard of milk or cream
and requirements under which same shall be produced in
order to be sold within the jurisdiction of the particular
municipality, but compliance with the standard fixed by
this Act shall be sufficient as to all inspections made by
or under the supervision of the State authorities outside
of such particular municipality.
Sec. 16. The several officers and inspectors of the
State Board of Health of the State of Florida, and of the
several municipalities of the State of Florida, are hereby


FLORIDA


REVIEW











FLRD REIE


authorized to enforce and carry out the provisions of this
Act in all particulars, and to that end they are hereby
vested with full power and authority to do and perform
all such things as may be necessary to be done in that
regard.
Sec. 17. In addition to the other remedies provided
for by this Act, the Commissioner of Agriculture or
the State Board of Health, either singly or jointly, are
hereby authorized to proceed in any of the courts of this
State by injunction to restrain any threatened continued
violation of this Act, and it shall be the duty of each State
Attorney, County Prosecuting Attorney and of the At-
torney General to assist in the enforcement of the pro-
visions of this Act upon request of the State Board of
Health or the Commissioner of Agriculture, provided the
actual, reasonable and necessary expenses of the said
State Attorney, County Prosecuting Attorney and At-
torney General shall be paid in connection with the per-
formance of additional duties imposed upon them by this
Act, and same shall be payable out of the General Inspec-
tion Fund.
Sec. 18. All laws and parts of laws in conflict with
the provisions of this Act, be and the same are hereby
repealed.
Sec. 19. This Act shall take effect October 1, 1929.
Approved May 16, A. D. 1929.

ICE CREAM LAW

AN ACT to Regulate the Sale of Milk, Cream, and the
Sale or Manufacture of Ice Cream within the State of
Florida.
(Section 2 as amended)
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. The standards for milk and cream shall be
as follows:
Milk is the whole, fresh, clean lacteal secretion ob-
tained by the complete milking of one or more healthy
cows, properly fed and kept, excluding that obtained
within fifteen days before, and five days after calving,
or such longer period as may be necessary to render the
milk practically colostrom-free; and shall contain not
less than eight and fifty one-hundredths (8.50%) per
cent solids, not fat, and three and one-quarter (3.25%)
per cent milk fat.
Cream shall contain not less than eighteen (18%) per
cent of milk fat, and not more than two-tenths (2/10)
per cent of acid reacting substance calculated in terms
of lactic acid.
From and after the passage of this Act, it shall be un-
lawful for any person, firm, association or corporation
to sell or offer for sale any milk or cream that does not
comply with the above standard. (Not to conflict with
Chapter 13696, Acts of 1929.)
Sec. 2. The standard for ice cream shall be as follows:
Ice Cream is a frozen product or mixture made from
cream, milk or products of milk, sweetened with sugar,
with or without the addition of eggs, harmless flavoring
extracts, vegetable or certified colors, to which may be
added not over 0.6 of 1% of pure food gelatin or vege-
table gum as a thickener, or stabilizer, and which con-
tains not less than 10% milk fat.
Fruit Ice Cream: Must conform to the definition for
ice cream, with the addition, that only sound, clean,
mature fruits can be used, and with the exception that
such fruit ice cream contains not less than 8% milk fat.
Nut Ice Cream: Must conform to the definition for ice


cream, with the addition that only sound, non-rancid nuts
can be used, and the exception that such nut ice cream
contains not less than 8% of milk fat.
All products included in the mixture to make ice cream
except flavoring, fruits and nuts, shall be pasteurized
before freezing. Pasteurization for the purpose of this
Act is defined to mean, heating of ingredients to a tem-
perature of 145 degrees Fahrenheit, and held at said
temperature for 30 minutes, of Flash at 185 degrees.
All pasteurizing vats used for pasteurizing ice cream
mix, or milk and cream used in the manufacture of ice
cream, shall be equipped with a recording thermometer,
and for each vat of milk, cream, or ice cream mix pasteur-
ized, a separate record chart shall be used, dated and
kept on file, subject to inspection for a period of twelve
months.
The "Roese-Gottlieb Method" or "Babcock Method" or
the "Mojonnier Method" shall be used for the purpose of
determining the milk fat contents of the ice cream.
From and after the passage of this Act, it shall be
unlawful for any person, firm, association or corporation
to manufacture, sell or offer for sale any ice cream that
does not comply with the above standard.
The provisions of Sections 2035 and 2036 of the
Revised General Statutes of 1920, being Sections 3200
and 3201 of the Compiled General Laws of 1927, shall
apply hereto, and the products above mentioned shall
be subject to inspection and analysis under said sections
and under the present Food and Drug laws.
Sec. 3. Any frozen milk product that does not com-
ply with standards for Ice Cream provided in Section
2 shall have plainly printed on each package, either
wholesale or retail, the common names of the ingredients
contained therein and shall not be sold under the name
of Ice Cream.
Sec. 4. Any person, firm or association violating any
of the provisions of this Act shall be guilty of a mis-
demeanor and upon conviction thereof shall be punished
by a fine of not more than Five Hundred ($500.00)
Dollars for each offense or imprisonment in the county
jail for six months, in the discretion of the Court.
Sec. 5. All laws and parts of laws in conflict here-
with are hereby repealed.
Became a law without the approval of the Governor.
Anmendments approved June 29, A. D. 1929.

FLORIDA COMMERCIAL FERTILIZER LAW

AN ACT to Amend Section 2398, Revised General
Statutes of Florida, as Amended by Section 2 of Chap-
ter 10128, Acts of 1925, Laws of Florida, Entitled, "An
Act to Amend Sections 2398, 2401, 2405 and 2406,
Relating to Commercial Fertilizers," Being Section
3807, Compiled General Laws of Florida.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That Section 2398, Revised General Stat-
utes of Florida, as amended by Section 2 of Chapter
10128, Acts of 1925, Laws of Florida, entitled "An Act
to amend Sections 2398, 2401, 2405 and 2406, relating
to commercial fertilizers," being Section 3807, Compiled
General Laws of Florida, be, and the same is hereby
amended so as to read as follows:
"2398. (1264). Commercial Fertilizers To Be Labeled;
Seizure Where Deficient.-Every package of commercial
fertilizer or fertilizer materials manufactured, imported,
transported, distributed, stored, kept or offered for sale
or sold in or into the State of Florida shall have securely


FLORIDA


REVIEW









FLORIDA REVIEW 9


attached a tag on which shall be plainly and legibly
printed the name or brand of the commercial fertilizer
or fertilizer materials; the name and address of the
manufacturer or jobber; the net contents of the package
in pounds; the chemical analysis stating the minimum
percentages of total nitrogen as ammonia, and materials
from which derived, available phosphoric acid, and mate-
rials from which derived; insoluble phosphoric acid, water.
soluble potash, and materials from which derived, and
total available plant food; the maximum percentage of
chlorine and moisture; and a statement of all the mate-
rials from which the commercial fertilizer or fertilizer
material is made. There shall also be attached to the tag
the stamp showing the payment of the fee required by
law. There shall be no other statements on the tag.
Commercial fertilizers and fertilizer materials when sold
or shipped to consumers in bulk shall have the statements
required in this section shown on or attached to the
invoice or bill and shall also have attached to the invoice
or bill the stamps showing the payment of the fee
sufficient to cover the shipment or sale.
The form of the tag shall be as follows:
Name or brand of fertilizer.
Name of manufacturer or jobber.
Address of manufacturer or jobber.
Net weight in pounds.
Guaranteed Analysis:
Total Nitrogen, as Ammonia, not less than...................
Organic Nitrogen, as Ammonia, not less than..................%
Derived from ........................................... %
......................................................
............................... ........ /
Inorganic Nitrogen, as Ammonia, not less than...........%
D erived from ................................... .............
..D f ................... ..... .. ................
...................................................... 0 o
Available Phosphoric Acid, not less than........................
Derived from ............................. ....... ...%
..................................... /o
......................... ....... .............. 0/0
Insoluble Phosphoric Acid................................. ... ....
W after Soluble Potash, not less than .............................%
D erived from ...................................................... %
............................... ..... .... ... ........ ..
.............................................. .....
Total Available Plant Food, not less than.................... 14%
Chlorine, not m ore than............................... ..... .
M oisture, not m ore than................. .................................%
This form of tag shall be used for all fertilizer mate-
rials as well as for complete fertilizers. Any person,
firm or corporation who shall manufacture, import, trans-
port, distribute, store, keep or offer for sale, or sell any
package of commercial fertilizers or fertilizer materials
that fails to have attached the tag, or the tag fails to bear
all the information required by this section, or said tag
fails to have attached the stamp, showing payment of the
fee, shall be guilty of a misdemeanor and upon convic-
tion thereof shall be fined not more than Five Hundred
($500.00) Dollars for each offense.
In addition to the foregoing requirements, every pack-
age of commercial fertilizer or fertilizer materials manu-
factured, imported, transported, distributed, stored, kept
or offered for sale, or sold in or into the State of Florida,
shall have securely attached to a tag on which shall be
plainly and legibly printed the name or brand of the
commercial fertilizer or fertilizer materials and the name
and address of the manufacturer or jobber, or printed


upon the sack or other container in which said fertilizer
or fertilizer material may be packed, a statement giving
in detail the percentage of plant food in each and every
ingredient entering into and forming a part of the com-
position of the contents of the package, whether it is
organic or inorganic nitrogen as ammonia, and the kind
or class of potash, together with a detailed analysis of
each of such ingredients in such package, separately
stated as to each. It shall not be necessary to set forth
such additional information upon both the package and
tag attached to the same, but one or the other methods
of stating such additional information shall be used in
every case. The penalty for failure to comply with these
additional requirements in any particular shall be the
same as that hereinbefore set forth in this section, and in
the other laws of the State of Florida relating to com-
mercial fertilizer."
Sec. 2. This Act shall take effect October 1, 1929.
Sec. 3. All laws or parts of laws in conflict herewith
are hereby repealed.
Became a law without approval of Governor.


SOIL SURVEY LAW

AN ACT to Provide for a Soil Survey Service in the State
Department of Agriculture, Cooperating with the State
Geologist, the State Experiment Station and the Bureau
of Soils of the United States Department of Agricul-
ture; to Authorize the State Commissioner of Agricul-
ture to Establish an Office of State Soil Survey Service,
to Equip a Laboratory for Analyzing Soils Mechani-
cally and Chemically, to Appoint Expert Soil Analysts
and Surveyors and Such Other Employees as Are
Found Necessary to Carry Out the Provisions of This
Act, and to Make Appropriation for Same.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That the Commissioner of Agriculture be
and is hereby authorized to establish a soil survey service
in his Department, cooperating with the State Geologist,
State Experiment Station and the Bureau of Soils of the
United States Department of Agriculture. The Commis-
sioner of Agriculture shall appoint a suitable person to
conduct soil survey work under such regulations as the
Commissioner of Agriculture may promulgate.
Sec. 2. That the Commissioner of Agriculture shall
direct a soil survey for counties, districts, corporations,
associations and individuals whenever such surveys are
requested and the cost of same shall be satisfactorily
guaranteed by the party or parties requesting same. The
Commissioner shall make charges to cover the estimated
cost of making all surveys and publishing of maps and
printed reports of same.
Sec. 3. That the Commissioner of Agriculture shall
provide a suitable laboratory for the analyzing of soils
mechanically and chemically in connection with the office
of the State Chemist, with a competent soil analyst and
such other assistants as may be necessary.
Sec. 4. That the sum of $15,000 (Fifteen Thousand
Dollars) be and the same is hereby appropriated and set
aside annually, not to exceed two years, from the general
inspection fund, not otherwise expended, created by
Chapter 10149, Acts of 1925, or as much thereof as may
be necessary to carry out the provisions of this Act.
Sec. 5. That all surplus moneys collected from the
charges herein provided shall be deposited with the State
Treasurer in a fund to be known as the "Soil Survey









10 FLORIDA REVIEW


Fund," and at the end of each fiscal year all such funds
accumulated in excess of the amount required to defray
the expenses herein provided shall be credited to the
appropriation herein provided until such time as the full
amount of the appropriation of $15,000 (Fifteen Thou-
sand Dollars) annually, not to exceed two years, shall
have been paid into the Treasury.
Sec. 6. That all laws and parts of laws in conflict with
this Act be and the same are hereby repealed.
Sec. 7. That this Act shall take effect upon its becom-
ing a law.
Approved May 27, 1927.

U. S. DEPARTMENT OF AGRICULTURE

Service and Regulatory Announcements No. 107
(Agricultural Economics)-Rules and Regu-
lations of the Secretary of Agriculture for
the Enforcement of the Produce Agency Act.

(44 Stat. 1355)
By virtue of the authority vested in the Secretary of
Agriculture by "An Act to prevent the destruction or
dumping, without good and sufficient cause therefore, of
farm produce received in interstate commerce by com-
mission merchants and others, and to require them truly
and correctly to account for all farm produce received by
them," approved March 3, 1927 (44 Stat. 1335), I, W. M.
Jardine, Secretary of Agriculture, do make, prescribe,
publish, and give public notice of the following rules and
regulations to be in force and effect until amended or
superseded by rules and regulations hereafter made by
the Secretary of Agriculture under said Act.
In testimony whereof I have hereunto set my hand
and caused the official seal of the Department of Agri-
culture to be affixed in the City of Washington this 17th
day of May, 1927.


(Seal)


W. M. JARDINE,
Secretary of Agriculture.


THE PRODUCE AGENCY ACT
(Approved March 3, 1927-44 Stat. 1355)
AN ACT to Prevent the Destruction or Dumping, Without
Good and Sufficient Cause Therefor, of Farm Produce
Received in Interstate Commerce by Commission Mer-
chants and Others and to Require Them Truly and
Correctly to Account for All Farm Produce Received
by Them.
BE IT ENACTED BY THE SENATE AND HOUSE OF
REPRESENTATIVES OF THE UNITED STATES
OF AMERICA IN CONGRESS ASSEMBLED:
That after June 30, 1927, any person, firm, association,
or corporation receiving any fruits, vegetables, melons,
dairy or poultry products or any perishable farm products
of any kind or character, hereinafter referred to as
produce, in interstate commerce, or in the District of
Columbia, for or on behalf of another, who without good
and sufficient cause therefore, shall destroy, or abandon,
discard as refuse or dump any produce directly or in-
directly, or through collusion with any person, or who
shall knowingly and with intent to defraud make any
false report or statement to the person, firm, association,
or corporation from whom any produce was received,
concerning the handling, condition, quality, quantity, sale
or disposition thereof, or who shall knowingly and with
intent to defraud fail truly and correctly to account
therefore, shall be guilty of a misdemeanor and upon con-


viction shall be punished by a fine of not less than $100
and not more than $3,000, or by imprisonment for a
period of not exceeding one year, or both, at the discre-
tion of the court. The Secretary of Agriculture shall by
regulation provide for the making of prompt investiga-
tions and the issuing of certificates as to the quality and
condition of produce received in interstate commerce or
in the District of Columbia, upon application of any per-
son, firm, association, or corporation shipping, receiving,
or financially interested in, such produce. Such regu-
lations shall designate the classes of persons qualified and
authorized to make such investigations and issue such
certificates, except that any such investigation shall be
made and any such certificate shall be issued by at least
two disinterested persons in any case where such inves-
tigation is not made by an officer or employee of the
Department of Agriculture or of any State or political
subdivision thereof or of the District of Columbia. A
certificate made in compliance with such regulations shall
be prima facie evidence in all Federal Courts of the truth
of the statements therein contained as to the quality and
condition of the produce; but if any such certificate is
put in evidence by any party, in any civil or criminal
proceeding, the opposite party shall be permitted to cross-
examine any person signing such certificate, called as a
witness at the instance of either party, as to his qualifica-
tions and authority and as to the truth of the statements
contained in such certificate..
Sec. 2. The Secretary of Agriculture is hereby author-
ized and directed to enforce this Act. It is hereby
made the duty of all United States attorneys to prosecute
cases arising under this Act, subject to the supervision
and control of the Department of Justice.
Sec. 3. The Secretary of Agriculture may make such
rules and regulations as he may deem advisable to carry
out the provisions of this Act and may cooperate with
any department or agency of the Government, any State,
Territory, District, or possession, or department, agency,
or political subdivision thereof, or any person; and may
call upon any Federal department, board, or commission
for assistance in carrying out the purposes of this Act,
and shall have the power to appoint, remove, and fix the
compensation of such officers and employes not in con-
flict with existing law and make such expenditures for
rent, outside the District of Columbia, printing, telegrams,
telephones, books of reference, books of law, periodicals,
newspapers, furniture, stationery, office equipment,
travel, and other supplies and expenses as shall be
deemed necessary to the administration of this Act in the
District of Columbia and elsewhere, and there is hereby
authorized to be appropriated, out of any moneys in the
Treasury not otherwise appropriated, the sum of $25,000
to be available for expenditure during the fiscal year be-
ginning July 1, 1927, and the appropriation of such addi-
tional sums as may be necessary thereafter to carry out
the purposes of this Act is hereby authorized. This Act
shall not abrogate nor nullify any other statute, whether
State or Federal, dealing with the same subjects as this
Act, but it is intended that all such statutes shall remain
in full force and effect, except in so far only as they are
inconsistent herewith or repugnant hereto.
Sec. 4. If any provision of this Act is declared uncon-
stitutional or the applicability thereof to any person or
circumstance is held invalid, the validity of the remainder
of the Act and the applicability of such provisions to
other persons and circumstances shall not be affected
thereby.
Approved, March 3, 1927.











FLORIDA REVIEW


Regulation 1.-Definitions
Section 1. Words used in these regulations in the sin-
gular form shall be deemed to import the plural, and vice
versa, as the case may demand.
Sec. 2. For the purpose of these regulations, unless
the context otherwise requires, the following terms shall
be construed, respectively, to mean:
Paragraph 1. The produce agency act, or the act.-An
act of Congress entitled, "An Act to prevent the destruc-
tion or dumping, without good and sufficient cause there-
for, of farm produce received in interstate commerce by
commission merchants and others, and to require them
truly and correctly to account for all farm produce re-
ceived by them," approved March 3, 1927 (44 Stat.
1355).
Paragraph 2. Person.-Individual, firm, association,
or corporation.
Paragraph 3. Secretary.-The Secretary of Agricul-
ture of the United States.
Paragraph 4. Chief of Bureau.-The chief of the
Bureau of Agricultural Economics of the United States
Department of Agriculture.
Paragraph 5. Produce.-The term "produce" as used
in the act means fruits, vegetables, melons, dairy or
poultry products, or any perishable farm products of any
kind or character.
Paragraph 6. Good and sufficient cause.-This term
with respect to destroyed, abandoned, discarded, or
dumped produce, shall be deemed to mean that the pro-
duce so dealt with had no commercial value, or that some
other legal justification for so dealing with such produce
existed, such as an order of condemnation by a health
officer or definite authority from the shipper.
Regulation 2.-Administration
Section 1. The chief of bureau shall perform, for and
under the supervision of the Secretary, such duties as the
Secretary may require in enforcing the provisions of this
act and these rules and regulations.
Regulation 3.-Violations
Section 1. Any person receiving produce in interstate
commerce or in the District of Columbia for or on behalf
of another who, without good and sufficient cause there-
for, shall destroy or abandon, discard as refuse, or dump
any produce, directly or indirectly or through collusion
with any person, shall be considered to have violated the
act.
Sec. 2. Any person receiving produce in interstate
commerce or in the District of Columbia for or on behalf
of another shall be considered to have violated the act if
knowingly and with intent to defraud he makes any
false report or statement to the person from whom such
produce was received concerning the handling, condition,
quality, quantity, sale, or disposition thereof.
Sec. 3. Any person receiving produce in interstate
commerce or in the District of Columbia for or on behalf
of another shall be considered to have violated the act
if knowingly and with intent to defraud he fails truly
and correctly to account to the person from whom such
produce was received for the actual price received for
that specific produce, and the actual expenses incurred
and charges made incident to the handling and disposi-
tion of the same, unless a different basis of settlement
is agreed upon between them.
Regulation 4.-Certificates of Inspection
Section 1. The following classes of persons are hereby
designated to make investigations regarding the quality
and conditions of produce received in interstate commerce


or in the District of Columbia, and to issue certificates as
to the quality and condition of such produce which is to
be destroyed, abandoned, discarded as refuse, or dumped,
upon application of any person shipping, receiving, or
financially interested in such produce:
(1) Any authorized inspector of the United States
Department of Agriculture under the farm products in-
spection law.
(2) Any health officer or food inspector of any State,
county, parish, city, or municipality.
Sec. 2. Any certificate under the act must identify the
particular lot of produce inspected, give the date upon
which the inspection was made, the approximate quality
of the produce, the name and address of the agent hand-
ling the same, the fee, if any, charged therefore, and
shall state the quality and condition of such produce and
that it was without commercial value at the time of in-
spection.
Sec. 3. Application for an inspection under the act
must be made or confirmed in writing to the person re-
quested to make such inspection. The application must
show the name and address of the shipper, the name and
address of the applicant, the location and description of
the produce, with marks, brands, or other specific identifi-
cation if practicable.
Sec. 4. Any person issuing a certificate under these
rules and regulations must mail a copy of the certificate
promptly to the chief of bureau. (See Regulation 1, Sec.
2, Par. 4.)
Regulation 5.-Filing of Complaints
Section 1. Any person having reason to believe that
the act has been violated should submit all available facts
with respect thereto to the chief of bureau for investiga-
tion and appropriate action.

INSPECTION CERTIFICATE LAW

AN ACT to Make Admissible as Competent Evidence in
All Proceedings in the Courts of This State, Except
When Offered in Behalf of the State in Criminal Pros-
ecutions, Inspection Certificates Issued by Licensed In-
spectors of the Bureau of Agricultural Economics of
the United States Department of Agriculture Setting
Forth the Grade or the Quality or the Condition or the
Size or the Pack or the Method of Loading for Ship-
ment of Any Agricultural, Horticultural, or Citricul-
tural Products; and Prescribing the Effect of Such
Inspection Certificates When Offered in Evidence.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That any inspection certificate issued by
any licensed inspector of the Bureau of Agricultural
Economics, of the United States Department of Agricul-
ture under the Laws of the United States and/or the
regulations of the Secretary of Agriculture of the United
States, showing the grade and/or the quality and/or the
condition and/or the size and/or the pack and/or the
method of loading for shipment of any agricultural, hor-
ticultural or citricultural products shall be received as
competent evidence in all proceedings in any of the
Courts of this State, except when offered in behalf of
the State in Criminal prosecutions.
Sec. 2. Every such certificate when offered in evi-
dence shall be prima facie evidence of the truth of all
matters and things set forth therein.
Sec. 3. This Act shall take effect immediately upon
its becoming a law.
Approved May 21, 1927.


FLORIDA


REVIEW









12 FLORIDA REVIEW


STATE FORESTRY LAW

AN ACT Providing for the Protection of Woodlands and
Forests in the State of Florida, and Matters Relating
Thereto; Creating a State Board of Forestry, Prescrib-
ing Its Membership, Powers and Duties, Fixing the
Compensation for the Services of Its Members; Pro-
viding for the Employment of a State Forester and
Such Other Assistants and Employees with Such
Powers and on Such Terms as Said Board May Deem
Advisable; and Appropriating Monies Out of the State
Treasury for Carrying Out the Provisions of This Act.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. There is hereby created and established a
Board to be known as the "Florida Board of Forestry,"
which Board shall be composed of five members, to be
appointed by the Governor, for the term of years herein-
after stated; one member to be appointed for one year;
one member to be appointed for two years; one member
to be appointed for three years; two members to be
appointed for four years, all of whom are to hold office
for the period set forth and until their successors have
been duly appointed and qualified. After the expiration
of these terms of office the Governor shall appoint their
successors for the period of four years. A majority of
the members of said Board shall constitute a quorum for
all purposes of said meeting. Before entering upon the
discharge of their duty as members of said Board, each
member shall be required to subscribe to the following
oath of office: "I do solemnly swear (or affirm) that I
will support, protect and defend the Constitution and
Government of the United States and of the State of
Florida; that I am duly qualified to hold office under the
Constitution of the State, and that I will well and faith-
fully perform the duties of member of the Florida Board
of Forestry, on which I am now about to enter. So help
me, God." Each member of said Board shall be required
to give a good and sufficient bond in the penal sum of
$10,000.00 in some surety company, authorized to do
business in the State of Florida, payable to the Governor
and his successor, and conditioned for the due and faith-
ful performance of his duties as a member of the Florida
Board of Forestry.
Sec. 2. The official headquarters of said Board shall
be in Tallahassee, but it may hold its meetings at other
places in the State of Florida as said Board may demand
by resolution, or as may be selected by a majority of the
members of the said Board in any call for a meeting.
The first meeting of the said Board shall be held at the
call of the Governor as soon after the appointments of its
members as may be practicable, and thereafter the
annual meeting of the said Board shall be held on the
first Monday in October of each year. Special meetings
of said Board may be called at any time by the President,
or upon the written request of a majority of the mem-
bers. At the first meeting of the said Board it shall
elect from its members a President, Vice-President and
Secretary for a term continuing to the first annual meet-
ing of the said Board and thereafter there shall be an
election of officers at each regular annual meeting of
said Board.
Sec. 3. No member of the Florida Board of Forestry
shall receive any compensation for the services he may
render under the provisions of this Act, save and except
that the members of said Board shall receive their actual
expenses necessarily incurred in the discharge of their


duties as members of said Board, which shall not exceed
the sum of Three Hundred ($300.00) Dollars each in any
calendar year.
Sec. 4. It shall be the duty of the Florida Board of
Forestry under such terms as in the judgment of the
Board will best serve the public interest to assist and
cooperate with Federal and State Departments or Insti-
tutes, County, Town, corporation or individual, to gather
and disseminate information in regard to forests, their
care and management, to prevent and extinguish forest
fires, and enforce all laws pertaining to forests and wood-
lands.
Sec. 5. The Florida Board of Forestry shall employ a
State Forester, who shall have been technically trained in
the profession of forestry, and, in addition, shall have
had at least two years experience in practical and admin-
istrative work of that profession, the exact extent and
character of which shall be certified by the Secretary of
the United States Department of Agriculture, or state
administrative officer having personal knowledge thereof,
whose salary and actual expenses when traveling shall
be paid from the forestry fund hereinafter provided for,
and whose salary shall not be more than Five Thousand
($5,000.00) Dollars per annum, and whose duties shall
be to take such action as is authorized by law and by the
Florida Board of Forestry to prevent and extinguish
forest fires, and enforce all laws pertaining to forests
and woodlands, and to cause prosecution for any viola-
tion of said laws, and have charge and full authority of
law with the immediate direction and control of all
matters relating to forestry as authorized by this Act, or
as may be otherwise authorized by law, subject to the
supervision and approval of the Florida Board of
Forestry, and said Board shall employ such assistants,
agents, clerks and employees on such terms and condi-
tions as said Board shall deem advisable.
Sec. 6. The sum of Twenty-five Thousand ($25,-
000.00) Dollars is hereby appropriated from any funds
in the State Treasury, not otherwise appropriated, which
said sum shall be placed to the credit of the Florida
Board of Forestry in the hands of the State Treasurer
and that Twelve Thousand Five Hundred ($12,500.00)
Dollars of said appropriation or so much thereof, as shall
be necessary, shall be available on the first day of July,
A. D. 1927, and Twelve Thousand Five Hundred
($12,500.00) Dollars, or so much thereof, as may be
necessary, shall be available on the first day of July,
A. D. 1928; Provided, however, that so much of said
Twenty-five Thousand ($25,000.00) Dollars as may be
necessary shall be used in defraying the general expenses
of the Florida Board of Forestry, including the salary of
the Forester, assistants, agents and employees.
Sec. 7. Upon the presentation to the Comptroller of
any accounts duly approved by the Florida Board of
Forestry, accompanied by such itemized vouchers or
accounts as shall be required by him, the Comptroller be,
and he is hereby authorized and required to audit the
same and draw a warrant on the State Treasurer for the
amount for which the account is audited, payable out
of the funds received under the provisions of this Act,
or otherwise, to the credit of the Florida Board of
Forestry.
Sec. 8. If any section or matter in this Act shall be
held to be unconstitutional or invalid it shall not affect
the validity of the remaining parts of this Act, and said
unconstitutional or invalid parts may be eliminated from
this Act, and the remaining portion or portions thereof
shall be and remain in full force and effect and be as









FLORIDA REVIEW 13


valid as if such invalid clause or section or matter had
not been incorporated herein.
Sec. 9. Provided, however, no contract or agreement
shall be entered into respecting grazing rights or privi-
leges for the use of any lands acquired under the pro-
visions of this Act, whether the same be acquired by gift
or otherwise and any such contract or agreement entered
into or attempted to be made or enforced shall be void
and of no effect, anything in this Act to the contrary not-
withstanding.
Sec. 10. That no land acquired under the provisions
of this Act, whether acquired by donation, lease, gift, con-
tract, purchase or in any other manner acquired, or con-
trol assumed under the provisions of this Act, shall be
exempt from taxation, state, county, municipal or district
and any and all purchases, contracts to purchase, leases
or contracts to lease, gifts or donations of land for
forestry purposes which exempts, or partially exempts,
such lands so acquired or held in trust for forestry pur-
poses shall be null and void and of no effect, any pro-
vision in this Act to the contrary notwithstanding.
Sec. 11. All laws and parts of laws in conflict with
the provisions of this Act are hereby repealed.
Approved June 6, 1927.

FOREST FIRE LAW

AN ACT to Make It Unlawful to Set Fire to Any Wild
Forest, Woods, Land or Marshes by Other Than the
Owner of Such Lands and Prescribing Penalties for
Violations Hereof; and Providing Civil Liability for
All Damages Caused by Such Fires.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That whoever sets fire to or burns any wild
forest, woods, lands or marshes in this State shall, upon
conviction thereof, be punished by fine not exceeding one
thousand dollars or by imprisonment in the County Jail
not exceeding one year, or by both fine and imprison-
ment in the discretion of the Court. Provided, That
the provisions of this Act shall not apply to owners or
lessees burning over their own lands where the fire is
not allowed to spread over the land of others.
Sec. 2. That whoever violates the provisions of this
Act by burning, or causing to be burned any wild forest,
lands, woods or marshes shall be liable for all damages
caused, which damages shall be recoverable in any court
of competent jurisdiction. That the civil liability for
damages shall obtain whether there be criminal prose-
cution and conviction or not.
Sec. 3. That all laws and parts of laws in conflict with
the provisions hereof be and the same are hereby re-
pealed.
Approved June 14, 1927.

MARKETING OF FRUITS, VEGETABLES
AND OTHER FARM PRODUCTS

Sec. 1315. Marketing bureau established. Marketing
commissioner, appointment, term of office.-There is
hereby created in the department of agriculture, a mar-
keting bureau, and shall be known as such. The office
of State marketing commissioner is hereby established,
and it shall be the duty of the Governor upon the recom-
mendation of the Commissioner of Agriculture to appoint
a State marketing commissioner, who shall hold office


for a term of two years, unless removed by the Governor
for cause.
Sec. 1316. Salary of marketing commissioner.-The
State marketing commissioner shall receive the sum of
six thousand dollars per annum as his salary, and he and
his deputies, or his assistants shall be allowed actual
traveling expenses in the discharge of the duties of his
office, to be used at the discretion of the commissioner,
not to exceed two thousand dollars per annum, said
expenses shall be set forth in itemized statements under
oath, and presented to the Commissioner of Agriculture,
and both salary and traveling expenses shall be payable
monthly out of the funds derived from the sale of fer-
tilizer stamps in the same manner as other State officers
and employees are paid.
Sec. 1317. Headquarters and clerks; appropriation
for expenses.-The marketing commissioner shall have
his headquarters and hold his office in the City of Jack-
sonville, and upon the approval of the Commissioner of
Agriculture may employ a clerk or clerks when necessary,
but at no time may the expenses of the marketing com-
missioner exceed the sum of twenty-five thousand dollars
annually. The sum of twenty-five thousand dollars an-
nually, or so much thereof as is necessary to carry out
the provision of this chapter, is hereby appropriated out
of the funds derived from the sale of fertilizer stamps
to be paid in the same manner as all other State expenses
are paid.
Sec. 1318. Bond of marketing commissioner.-Before
entering upon the discharge of his duties as State mar-
keting commissioner, the State marketing commissioner
shall give bond in the sum of ten thousand dollars pay-
able to the Governor of the State of Florida for the use
of the State of Florida, which bond shall be executed by
some surety company to be approved by the Secretary of
State, conditioned that the marketing commissioner shall
well and truly account for, and well and lawfully apply
all moneys which may come into his hands in his official
capacity as the law directs, and that he will well and
faithfully perform the duties required of him by law.
Sec. 1319. Seal of office.-The State marketing com-
missioner shall keep a seal of office, which shall be used
to authenticate all papers and documents issued and
executed by law as such officer.
Sec. 1320. Commissioner to file monthly statements.-
At the end of each calendar month he shall file with the
Commissioner of Agriculture an itemized statement under
oath of all sums of money received or expended by him
in the discharge of his official duty, including clerical
services, salaries, and expenses while traveling, sta-
tionery, and other necessary expenses.
Sec. 1321. Comptroller to draw warrant on approval
of accounts.-Upon the approval of such accounts by the
Commissioner of Agriculture, the Comptroller shall draw
his warrant for such amount, which shall be paid monthly
out of the funds collected from the sale of fertilizer
stamps.
Sec. 1322. Accounts of commissioner audited by
direction of Governor.-The office and accounts of the
State marketing commissioner shall be audited by the
direction of the Governor in the manner as the office and
accounts of all the other State officers are audited.
Sec. 1323. Duties of marketing commissioner.-The
duties of the State marketing commissioner shall be to
receive and compile reports on all fruits, vegetables and
other farm products as are grown in the State, to publish









14 FLORIDA REVIEW


same in the State press that will do so without cost, to
obtain and disseminate information as to carriers' rates,
to collect information as to additional market centers and
their capacity, and to keep and compile a statement of
all shipments moving out of the State that through this
information the farmers and producers can be kept
posted as to exact conditions existing in the State, and
the several markets of the country, to better cooperate
with and prevent a loss to our people, and to cooperate
with the United States government in establishing a
parcel post marketing system in this State. He shall
issue such bulletins or other information along lines of
advice as to how best pick, pack, kind of package, and
way to distribute; to study all conditions as affecting
other states; to keep in touch with the Department of
Agriculture at Washington, D. C., and the Commissioner
of Agriculture of the State, that through this close
touch and study of conditions, he can advise our people
what crops to plant or not plant, what markets are over-
stocked, and through a system of cooperation aid in
development of agricultural interests and protecting of
Florida's producers. In connection with the Commis-
sioner of Agriculture shall cooperate and devise such
methods as will best carry forward this work, such as
inspection of packages and other measures as conform to
plans of the marketing system of the Department of
Agriculture at Washington; also, through this to get
better seeds and aid in preventing, and in studying the
various diseases and pests that affect our crops. To do
all that can be done in connection with the Commissioner
of Agriculture to bring relief to and aid in the market-
ing and distribution of Florida's products.
Sec. 1325. Rules to be adopted.-The Commissioner
of Agriculture and marketing commissioner are author-
ized to consult, advise, adopt and promulgate to shippers
throughout this State rules and regulations for the in-
spection of quality, the truthful, honest branding of each
package shipped and the prohibiting of any shipper hav-
ing the benefit of shipping through the marketing bureau,
who will not strictly observe and obey such rules and
regulations in the preparation, packing and shipping of
his farm and orchard products.
Sec. 2006. Standard grades of fruits and vege-
tables.-The standard grades of all fruits and vegetables
shall be the same as those of the United States grades as
now promulgated or which may be promulgated by the
United States Department of Agriculture.
Sec. 2007. Carlot inspection of fruits and vegetables
at shipping point; certificates.-The Florida State mar-
keting bureau, cooperating with the United States De-
partment of Agriculture, shall, when requested by the
shipper furnish carlot inspection of fruits and vegetables
at shipping point, furnishing certificates in conformity
with those used by the United States Department of
Agriculture in shipping point inspection, provided the
expense or charge of such inspection shall be paid by
the shipper.
Sec. 2008. Fees for inspection of carlot shipments.-
All fees for inspection shall be paid to the State market-
ing commissioner, who shall deposit same in a fund to
be known as the cooperative inspection fund, and all
expenses for inspection service shall be paid from said
fund upon the approval and at the direction of the State
marketing commissioner.
Sec. 2009. Cooperative Government certificates ac-
cepted as prima facie evidence.-All such cooperative


Government certificates shall be accepted as prima facie
evidence in the courts of Florida.
Sec. 2010. Employment of assistants by State market-
ing commissioner.-The State marketing commissioner
shall employ such assistants as are necessary to carry
out the provisions of this law.
Sec. 2011. Inspection certificates of licensed inspec-
tors of Bureau of Agricultural Economics as evidence.-
Any inspection certificate issued by any licensed in-
spector of the Bureau of Agricultural Economics of the
United States Department of Agriculture under the laws
of the United States and/or the regulations of the Secre-
tary of Agriculture of the United States showing the
grade and/or the quality and/or the condition and/or
the size, and/or the pack and/or the method of loading
for shipment of any agricultural, horticultural or citri-
cultural products shall be received as competent evidence
in all proceedings in any of the courts of this State,
except when offered in behalf of the State in criminal
prosecutions.
Every such certificate when offered in evidence shall
be prima facie evidence of the truth of all matters and
things set forth therein.

STATE AGRICULTURAL MARKETING
BOARD

AN ACT to Create a Board Consisting of the Governor,
the Commissioner of Agriculture and the State Mar-
keting Commissioner to Be Known as the State Agri-
cultural Marketing Board, to Define Its Duties and
Powers and Make Appropriation for the Carrying Out
of the Provisions Thereof.
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. There is hereby created a State Agricul-
tural Marketing Board to consist of the Governor of the
State, the Commissioner of Agriculture and the State
Marketing Commissioner, the duties of which shall be to
further extend the activities of the State Marketing
Bureau in the Organization of Agricultural and Market-
ing Associations, to give instruction in the operation of
same; to aid, promote and foster those already operat-
ing; to extend market news service and crop reports, to
locate markets and buyers, to instruct in the standardiza-
tion, grading, packing, processing, loading, refrigeration,
routing, diversion and distribution of farm products; to
carry on research work in marketing and to provide any
other information and assistance necessary to efficient
selling of farm products.
Sec. 2. The State Agricultural Marketing Board shall
have power and is hereby authorized to employ such
assistants as are necessary to the State Marketing Com-
missioner, to fix their compensation and traveling ex-
penses; to employ such clerical help and to provide and
maintain such additional office space to the State Mar-
keting Bureau as may be necessary to carry out the pro-
visions of this Act.
Sec. 3. That the sum of Thirty-five Thousand Dollars
be and the same is hereby annually appropriated out of
the General Inspection Fund to defray the expenses
necessary in carrying out the provisions of this Act.
Sec. 4. All laws and parts of laws in conflict with this
Act are hereby repealed.
Sec. 5. This Act shall take effect upon its becoming a
law.
Approved May 29, A. D. 1929.










FLORIDA REVIEW


LAW GOVERNING THE REGISTRATION OF
TRADE-MARKS

CHAPTER V.

PROTECTION OF OWNERS OF STAMPED OR
MARKED BOTTLES OR BOXES
3165. Devices to be filed in offices.-Any and all per-
sons and corporations engaged in manufacturing, bottling
or selling soda waters, mineral or aerated waters, porter,
ale, beer, cider, ginger ale, milk, cream, small beer,
lager beer, weiss beer, white beer or other beverages or
medicine, medicinal preparations, perfumery, oils, com-
pounds or mixtures, in bottles, siphons, fountains, tins or
kegs, with his, her, its or their name or names, or other
marks of devices branded, stamped, engraved, etched,
blown, impressed or otherwise produced upon such
bottles, siphons, fountains, tins or kegs, or the boxes used
by him, her, it or them, may file in the office of the
clerk of the county in which his, her, its or their prin-
cipal places of business is situated, or if such person,
persons, corporation or corporations, shall manufacture
or bottle out of this State, then in any county in this
State, and also in the office of the Secretary of State, a
description of the name or names, marks or devices so
used by him, her, it or them, respectively, and cause such
description to be printed once in each week, for three
weeks successively, in a newspaper published in the
county in which said notice may have been filed as afore-
said.
3166. Presumptive evidence of unlawful use.-The
use by any other person than the person or persons, cor-
poration or corporations, whose device, name or mark
shall be or shall have been upon the same without such
written consent or purchase as aforesaid, of any such
marked or distinguished bottle, box, siphon, fountain, tin
or keg, a description of the name, mark or device,
whereon shall have been filed and published, as herein
provided, for the sale therein of soda waters, mineral or
aerated waters, porter, ale, cider, ginger ale, milk, cream,
beer, small beer, lager beer, weiss beer, white beer, or
other beverages, or any article of merchandise, medicines,
medicinal preparations, perfumery, oils, compounds, mix-
tures or preparations, or for the furnishing of such
similar beverages to customers; or the buying, selling,
using, disposing of or trafficking in any such bottles,
boxes, siphons, fountains, tins or kegs by any person
other than said persons or corporations having a name,
mark or device thereon of such owner without such
written consent, or having by any junk dealer or dealers
in second-hand articles, possession of any such bottles,
boxes, siphons, fountains, tins or kegs, a description of
the mark, names or devices whereon shall have been so
filed and published as aforesaid, without such written
consent shall, and is hereby declared to be presumptive
evidence of the said unlawful use, purchase and traffic
in of such bottles, boxes, siphons, fountains, tins or kegs.
3167. Search Warrant.-Whenever any person, per-
sons or corporations mentioned in this chapter, or his,
her, its or their agent shall make oath before any justice
of the peace in the district where the offense is committed
that he, she or it has reason to believe and does believe
that any of his, her, its or their bottles, boxes, siphons,
fountains, tins or kegs, a description of the names, marks
or devices whereon has been so filed and published as
aforesaid, are being unlawfully used or filled or had by
any persons or corporation manufacturing or selling


soda, mineral or aerated waters, porter, ale, cider, ginger
ale, milk, cream, small beer, lager beer, weiss beer, white
beer or other beverages or medicine, medicinal prepara-
tion, perfumery, oils, compounds or mixtures, or that
any junk dealer or dealers in second-hand articles, vendor
of bottles, or other person or corporation has any such
bottles, boxes, siphons, fountains, tins or kegs in his, her,
or its possession or secreted in any place, the said justice
of the peace must thereupon issue a search warrant to
discover and obtain the same, and shall also cause to be
brought before him the person in whose possession such
bottles, boxes, siphons, fountains, tins or kegs may be
found, and shall then inquire into the circumstances of
such possession, and if such justice of the peace upon
trial and conviction had, finds that such person has been
guilty of a violation of this chapter, he must impose the
punishment herein prescribed and he shall also award
possession of the property taken upon such warrant to
the owner thereof: Provided, That in any counties where
criminal courts of record exist the said justice of the
peace shall act only as a committing magistrate as in
other cases in so far as trying the offender and impos-
ing the said punishment are concerned.
3168. What is not sale of property.-The requiring,
taking or accepting of any deposit, for any purpose, upon
any bottle, box, siphon, fountain, tin or keg shall not be
deemed or constitute a sale of such property, either
optional or otherwise, in any proceedings under this
chapter.
3169. Unlawful to counterfeit trade mark.-When-
ever any person or any association or union of working
men has heretofore adopted or used or shall hereafter
adopt or use, and has filed as hereinafter provided any
label, trade-mark, term, wording, design, device, color
or form of advertisement for the purpose of designating,
making known or distinguishing any goods, wares, mer-
chandise or other products of labor as having been made,
manufactured, produced, prepared, packed or put on
sale by such person or association or union of working
men, or by a member or members of such association
or union, it shall be unlawful to counterfeit or imitate
such label, trade-mark, term, wording, design, device,
color or form of advertisement or knowingly to use,
sell, offer for sale or in any other way, utter or circulate
any counterfeit or imitation of any such label, trade-
mark, term, wording, design, device, color or form of
advertisement.
3170. To file for record with Secretary of State.-
Every such person, association or union that has hereto-
fore adopted or used, or shall hereafter adopt or use, a
label, trade-mark, term, wording, design, device, color or
form of advertisement as provided in the preceding Sec-
tion may file the same for record in the office of the
Secretary of State, by leaving two copies, counterparts
or facsimiles thereof, with said secretary, and by filing
therewith a sworn application specifying the name or
names of the person, association or union on whose be-
half such label, trade-mark, term, wording, design,
device, color or form of advertisement shall be filed, the
class of merchandise and a description of the goods to
which it has been or is intended to be appropriated,
stating that the party so filing or on whose behalf such
label, trade-mark, term, wording, design, device, color or
form of advertisement shall be filed, has the right to
the use of the same, that no other person, firm, associa-
tion, union or corporation has the right to use either
in the identical form in any such near resemblance
thereto as may be calculated to deceive, and that the


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16 FLORIDA REVIEW


facsimile or counterparts filed therewith are true and
correct.
3171. Fee for filing.-There shall be paid for such
filing and recording a fee of two dollars. Said secretary
shall deliver to such persons, association or union so
filing or causing to be filed any such label, trade-mark,
term, wording, design, device, color or form or advertise-
ment so many duly attested certificates of the recording
of the same as such person, association or union may
apply for, for each of which the secretary shall receive
a fee of one dollar. Any such certificate of record shall,
in all suits and prosecutions hereunder, be sufficient
proof of the adoption of such label, trade-mark, term,
wording, design, device, color or form of advertisement.
Said Secretary of State shall not record for any person,
union or association any label, trade-mark, term, wording,
design, device, color or form of advertisement that would
probably be mistaken for any label, trade-mark, term,
wording, design, device, color or form of advertisement
heretofore filed by or on behalf of any other person,
union or association.
3172. Courts to grant injunctions.-Every such per-
son, association or union adopting or using a label, trade-
mark, term, wording, design, device, color or form of
advertisement as aforesaid may proceed by suit to en-
join the manufacture, use, display or sale of any counter-
feits or imitations thereof, and all courts of competent
jurisdiction shall grant injunctions to restrain such manu-
facture, use, display or sale, and may award the com-
plainant in any such suit damages resulting from any
such manufacture, use, sale or display, as may be by the
said court deemed just and reasonable, and shall require
the defendants to pay such person, association or union
all profit derived from such wrongful manufacture, use,
display, or sale; and such court shall also order that all
such counterfeits or imitations in the possession or under
the control of any defendant in such cause be delivered
to an officer of the court, or to the complainants, to be
destroyed.
3345. Unlawful use of bottles, boxes, etc., when label
is registered.-No person or persons, corporation or cor-
porations shall fill with soda waters, mineral or aerated
waters, porter, ale, cider, ginger ale, milk, cream, beer,
small beer, lager beer, weiss beer, white beer or other
beverages or with medicine, medical preparations, per-
fumery, oils, compounds or mixtures, any bottle, box,
siphon, fountain, tin or keg, which has been marked or
distinguished under the provisions of Section 3165 or
deface, erase, obliterate, cover up or otherwise remove
or conceal any such name, mark or device thereon, or
to sell, buy, give, take or otherwise dispose of, or
wantonly destroy, or traffic in the same without the
written consent of, or unless the same shall have been
purchased from the person or persons, corporation or cor-
porations, whose mark or device shall be or shall have
been in or upon the bottle, box, siphon, fountain, tin or
keg so filled, trafficed in, used or handled as aforesaid.
Any person or persons or corporation or corporations,
offending against the provisions of this section shall be
deemed guilty of a misdemeanor, and shall be punished
for the first offense by imprisonment not less than ten
days nor more than one year, or by a fine of fifty cents
for each and every such bottle, box, siphon, fountain, tin
or keg, so filled, sold, used, disposed of, bought or
wantonly destroyed, or trafficed in, or by both such fine
and imprisonment, and for each subsequent offense by
imprisonment not less than twenty days nor more than
one year, or by fine of not less than one dollar nor more


than five dollars for each and every bottle, box, siphon,
fountain, tin or keg so filled, sold, used, disposed of,
bought or wantonly destroyed, or trafficed in, or by both
such fine and imprisonment.
3346. Presumptive evidence of unlawful use.-The
use by any other person than the person or persons, cor-
poration or corporations, whose device, name or mark
shall be or shall have been upon the same without such
written consent or purchase as aforesaid, of any such
marked or distinguished bottle, box, siphon, fountain, tin
or keg, a description of the name, mark, or device,
whereon shall have been filed and published, as herein
provided, for the sale therein of soda waters, mineral or
aerated waters, porter, ale, cider, ginger ale, milk, cream,
beer, small beer, lager beer, weiss beer, white beer, or
other beverages, or any article of merchandise, medi-
cines, medical preparations, perfumery, oils, compounds,
mixtures or preparations, or for the furnishing of such
or similar beverages to customer, or the buying, selling,
using, disposing of or trafficking in any such bottles,
boxes, siphons, fountains, tins or kegs, by any person
other than said persons or corporations having a name,
mark or device thereon of such owner without such
written consent, or the having by any junk dealer or
dealers in second hand articles possession of any such
bottles, boxes, siphons, fountains, tin or kegs, a descrip-
tion of the marks, names or devices whereon shall have
been so filed and published as aforesaid, without such
written consent, shall, and is hereby declared to be pre-
sumptive evidence of the said unlawful use, purchase and
traffic in of such bottles, boxes, siphons, fountains, tins
or kegs.
3347. Counterfeiting or improperly using trade-
marks.-Whoever counterfeits or imitates any label,
trade-mark, term, wording, design, device, color or form
of advertisement; or knowingly sells, offers for sale, or
in any way utters or circulates any counterfeit or imita-
tion of any label, trade-mark, term, wording, design,
device, color or form of advertisement, which has been
filed for record according to law, or knowingly purchases
and keeps or has in his possession, with intent that the
same shall be sold or disposed of, any goods, wares, mer-
chandise or other product. of labor to which or on which
any such counterfeit or. imitation is printed, painted,
stamped or impressed; or knowingly purchases with in-
tent to sell or dispose of any goods, wares, merchandise
or other product of labor contained in any box, case, can
or package, to which or on which any such counterfeit or
imitation is attached, affixed, printed, painted, stamped
or impressed, shall be punished by a fine of not more
than five hundred dollars, or by imprisonment for not
more than three months.
3361. (2481) Forging or counterfeiting private
labels.-Whoever knowingly and wilfully, forges or
counterfeits or causes or procures to be forged or coun-
terfeited upon any goods, wares or merchandise, the
private label, stamps or trade-mark of any mechanic or
manufacturer, knowing the same to be forged or coun-
terfeited, without disclosing the fact to the purchaser,
shall be punished by imprisonment not exceeding twelve
months or by fine not exceeding one hundred dollars.
3348. Using or displaying trade-mark.-Every person
who shall use or display the genuine label, trade-mark,
term, wording, design, device, color or form of adver-
tisement of any person, association or union, when
legally filed for record, in any manner, not being author-
ized so to do by such person, union or association, shall
be punished by imprisonment for not more than three
months or by a fine of not more than five hundred
dollars.
3349. Procuring the filing of labels, etc., by fraudu-
lent representations.-Any person who shall, for himself
or on behalf of any other person, association or union
procure the filing of any label, trade-mark, term, word-
ing, design, device, color or form of advertisement in
the office of the Secretary of State, by making any
false or fraudulent representations or declarations, ver-
bally or in writing, or by any fraudulent means, shall be
liable to pay any damage sustained in consequence of
such filing, to be recovered by or on behalf of the party
injured thereby, in any court having jurisdiction, and
shall be punished by a fine not exceeding five hundred
dollars, or by imprisonment not exceeding three months.




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