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 Cover
 Title Page
 Table of Contents
 Letter of transmittal
 The citrus commission law
 The citrus maturity law
 Power to raise or lower juice requirement...
 The color-added law
 The bond and license law
 Chapter 17784, Laws of Florida,...
 Grapefruit advertising law
 Orange advertising law
 Tangerine advertising law
 The field crate registration...
 Grower's cost guarantee law
 Labeling and marking of canned...
 the U. S. standards
 Regulations of the Florida citrus...
 Description of apparatus used in...
 List of packing houses and shippers...
 Financial statement


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Annual report
ALL VOLUMES CITATION SEARCH THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00080552/00002
 Material Information
Title: Annual report
Alternate Title: Report of the Citrus Inspection Bureau
Physical Description: v. : ill. ; 23 cm.
Language: English
Creator: Florida -- Citrus Inspection Bureau
Publisher: The Bureau
Place of Publication: Winter Haven Fla
Creation Date: 1936
Publication Date: -1947
Frequency: annual
regular
 Subjects
Subjects / Keywords: Citrus fruits -- Statistics -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
statistics   ( marcgt )
serial   ( sobekcm )
 Notes
Statement of Responsibility: State of Florida, Citrus Inspection Bureau.
Dates or Sequential Designation: -1946/47 season.
General Note: Description based on: Season of 1935/1936.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 002690978
oclc - 21234038
notis - ANF8306
lccn - 2001229411
System ID: UF00080552:00002
 Related Items
Succeeded by: Annual report

Table of Contents
    Cover
        Cover
    Title Page
        Page 1
    Table of Contents
        Page 2
    Letter of transmittal
        Page 3
        Page 4
    The citrus commission law
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
    The citrus maturity law
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
    Power to raise or lower juice requirement of grapefruit
        Page 30
        Page 31
        Page 32
    The color-added law
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
    The bond and license law
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
    Chapter 17784, Laws of Florida, Acts of 1937
        Page 59
    Grapefruit advertising law
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
    Orange advertising law
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
    Tangerine advertising law
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
    The field crate registration law
        Page 82
        Page 83
        Page 84
        Page 85
    Grower's cost guarantee law
        Page 86
        Page 87
        Page 88
    Labeling and marking of canned citrus fruit
        Page 89
        Page 90
    the U. S. standards
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
    Regulations of the Florida citrus commission
        Page 105
        Page 106
        Page 107
        Page 108
        Page 109
        Page 110
        Page 111
        Page 112
        Page 113
        Page 114
        Page 115
        Page 116
        Page 117
        Page 118
        Page 119
        Page 120
        Page 121
    Description of apparatus used in making maturity test
        Page 122
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
    List of packing houses and shippers with report of shipments
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
        Page 134
        Page 135
        Page 136
        Page 137
        Page 138
        Page 139
        Page 140
        Page 141
        Page 142
        Page 143
        Page 144
        Page 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
        Page 151
    Financial statement
        Page 152
Full Text


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STATE of FLORIDA



CITRUS INSPECTION
BUREAU




Annual Report
Season of 1936-1937



NATHAN MAYO
COMMISSIONER OF AGRICULTURE

J. J. TAYLOR
STATE CHEMIST



: : '














Annual Report of the Citrus Inspection Bureau With

Copies of Citrus Fruit Laws




Page No.

1. Letter of Transmittal .................................. 3

2. The Citrus Commission Law ............................ 5

3. The Maturity Law ..................................... 19

4. Power to Raise or Lower Juice Requirement of Grapefruit 30

5. The Color-Added Law ................................ 33

6. The Bond and License Law ............................ 42

7. Chapter 17784, Laws of Florida, Acts of 1937 .............. 59

8. Grapefruit Advertising Law ............................ 60

9. Orange Advertising Law ............................... 68

10. Tangerine Advertising Law ............................. 75

11. Field Crate Registration Law .......................... 82

12. Growers Cost Guarantee Law .......................... 86

13. Labeling and Marking of Canned Citrus Fruit ............ 89

14. The U. S. Standards ............... ... ................ 91

15. Regulations of the Florida Citrus Commission ............ 105

16. Description of Apparatus Used in Making Maturity Test .. 122

17. List of Packing Houses and Shippers with Report of
Shipm ents ........................................... . 129

18. Financial Statement ................................... 152












Winter Haven, Florida,


July 15, 1937.




To The Honorable Nathan Mayo,


Commissioner of Agriculture.




Sir:




I have the honor to submit herewith report of the Citrus In-
spection Bureau for the season of 1936-37, covering shipment of or-
anges, grapefruit and tangerines from August 24, 1936, through
June 30, 1937. It is with pride and pleasure that I wish to point out
the fine record of loyal and efficient service of the Bureau, including
the office personnel, the inspectors in the field, the road guards, and
the Laboratories.

I wish to gratefully acknowledge and call to your attention the
splendid co-operation given us by the industry as a whole, and
especially the Citrus Commission, whose co-operation and advice was
always available and was of great value to us in effectively enforcing
the laws.


Respectfully,

J. J. TAYLOR,

State Chemist

JJT:LM










Members Florida Citrus Commission




L. P. KIRKLAND, Auburndale
Chairman

LUTHER L. CHANDLER, Goulds

A. S. HERLONG, SR., Leesburg
Representing State at Large

B. KILGORE, Clearwater
District One: Hillsborough, Pinellas and Manatee Counties

B. E. SMITH, Zephyrhills
District Two: Citrus, Sumter, Lake, Hernando and Pasco
Counties

C. E. STEWART, DeLand
District Three: Alachua, Putnam, St. Johns, Flagler, Marion
Levy, Seminole and part of Volusia Counties

W. L. STORY, Winter Garden
District Four: Orange and Osceola Counties

JOHN M. KNIGHT, Vero Beach
District Five: Brevard, Indian River, St. Luicie, Martin, Palm
Beach, Broward, Dade and Part of Volusia Counties.

EARL W. HARTT, Avon Park
District Six: Sarasota, Hardee, Highlands, Okeechobee,
Glades, DeSoto, Charlotte, Lee, Hendry, Collier and Monroe
Counties.

JOHN D. CLARK, Waverly

THOMAS B. SWAN, Winter Haven
District Seven: Polk County.

F. E. BRIGHAM, Winter Haven
Secretary


HEADQUARTERS: Lakeland










The Citrus Commission Law


CHAPTER NO. 16854
Laws of Florida, Acts of 1935
As Amended by
CHAPTER NO. 17775
Laws of Florida, Acts of 1937


AN ACT to amend Sections 16, 21, 23 and 25 of Chapter 16854,
Laws of Florida, Acts of 1935, entitled "An Act to stabilize and
protect the citrus industry of the State of Florida and to promote
the general welfare of such industry and of the State of Florida;
to create a State citrus commission of the State of Florida to b,
known as "Florida Citrus Commission"; to provide for the ap-
pointment and payment of expenses of the members of such com-
mission and to prescribe the powers, duties and functions of such
commission and the qualifications and terms of office of members
thereof; to create seven citrus districts to be numbered one to
seven; to provide for the adoption by said commission of rules,
regulations and orders necessary and proper for an effective ad-
ministration and enforcement of this Act; to protect and enhance
the reputation of Florida citrus fruit in domestic and foreign
markets; to regulate the inspection, grading and marking of citrus
fruit, to prohibit the shipping of citrus fruit in violation of this
Act; to prescribe the powers and duties of the Commissioner of
Agriculture of the State of Florida in the enforcement of this Act;
to provide for judicial review of protests made in connection with
any rules, regulations or orders adopted pursuant to this Act; to
provide for the levy and collection of assessments and the dis-
bursement thereof; to provide for inspection and inspection serv-
ices; and to provide penalties for violations of the provisions of
this Act and any rule, regulation or order promulgated thereunder."

Be It Enacted By the Legislature of the State of Florida:

Section 1. That this Act is passed:

(a) In tie exercise of the police power of the State to protect
the public health and welfare and 'to stabilize and protect the citrus
industry of the State of Florida.










(b) Because the citrus fruit crop grown in Florida comprises
the major agricultural crop of Florida and the business of disposing
of such crop is of public interest.

(c) Because it is wise, necessary and expedient to protect and
enhance the quality and reputation of Florida citrus fruit in domestic
and foreign markets.

(d) To provide means whereby producers of citrus fruit and
all interested parties may secure prompt and efficient inspection and
classification of grades of citrus fruit at reasonable cost, it being
hearby recognized that the standardization of the citrus fruit indus-
try of Florida by the proper grading and classification of citrus fruit
by prompt and efficient inspection under competent authority is
beneficial alike to producer, shipper, carrier, receiver and consumer
in that it furnishes the producer and shipper prima facie evidence of
the quality and condition of products, it informs the carrier and
receiver of the quality of the products carried and received by them
and assures the ultimate consumer of the quality of the products
purchased.

(e) To stabilize the Florida citrus industry and to protect the
public against fraud, deception and financial loss through further
repetition of unscrupulous, practices and haphazard methods in con-
nection with the marketing of citrus fruit.

(f) Because said Act is designed to promote the general welfare
of the Florida citrus fruit industry, which in turn will promote the
general welfare of the State of Florida.

Section 2. That as used in this Act:

1. The term "Commission" means the State Citrus Commission
hereinafter created and designated as "Florida Citrus Commission."

2. The term "Commissioner" means the Commissioner of Agri-
culture of the State of Florida.

3. The term "person" means individual, partnership, corpora-
tion, association and/or any other business unit.

4. The term "citrus fruit" means and includes only the fruits
Citrus Grandis, Osbeck, commonly called grapefruit and/or Citrus
Sinensis, Osbeck, commonly called oranges, and/or Citrus Nobilis
Deliciosa, commonly called tangerines, grown in the State of Florida.









5. The term "ship" means to convey citrus fruit or cause citrus
fruit to be conveyed, in the State of Florida, in the current of intra-
state and/or interstate and/or foreign commerce by rail, truck,
boat, or any other means except by express or parcel post, whether
as owner, agent or otherwise.

6. "Shipment" of citrus fruit shall be deemed to take place
when the citrus fruit is loaded, within the State of Florida, in the
car, boat, truck or other conveyance in which the citrus fruit is to
be transported in or out of the State of Florida.

7. The term "shipper" means any person engaged in shipping
citrus fruit or causing citrus fruit to be shipped, in Florida, in the
current of intrastate and/or interstate and/or foreign commerce,
whether as owner, agent or otherwise.

8. The term "standard packed box" means 1-3/5 bushels of
citrus fruit whether in bulk or containers.

Section 3. That there is hereby created and established a State
Citrus Commission to be known and designated as "Florida Citrus
Commission" to be composed of eleven practical citrus fruit men,
resident citizens of the State of Florida, each of whom is and has
been actively engaged in growing, or growing and shipping, of citrus
fruit in the State of Florida for a period, of five years immediately
prior to his appointment to said Commission and who has during
said period derived the major portion of his income therefrom, or
has been the directing or managing head of a corporation, firm,
partnership or other business unit which has during said period
derived the major portion of its income from the growing, or growing
and shipping of citrus fruit. At least seven' members of said Com-
mission shall be growers not connected with any packing, shipping
or marketing agency or association, either as officers or as paid
employees. The regular term of office of the members of such
Commission shall be two years from date of appointment and until
their respective successors are appointed and qualified, except as
hereinafter provided. The qualifications for members of said Com-
mission as above required shall continue throughout the respective
terms of office of all members. The Governor of the State of Florida
shall immediately after this Act becomes effective appoint eleven
men with the qualifications stated above to be members of said
commission, three of whom shall be appointed from the State at large
and the remaining eight as follows: One member from each of the
Citrus Districts hereinafter defined, created and established, number-
ed Citrus Districts Numbers One to Six inclusive, and two members










from Citrus District Number Seven. Such members shall be ap-
pointed and serve for a term of two years and until their respective
successors are appointed and qualified; provided, however, that the
members of the Commission first appointed hereunder from Citrus
Districts One, Three, Five and Seven, respectively, shall be appointed
and hold their first term of office for a period of one year only, from
and after which time their successors shall be appointed and hold
office for a term of two years and until their successors are appointed
and qualified. The growers of citrus fruit in each of such Citrus
Districts may by petition recommend to the Governor for his con-
sideration a duly qualified person or persons whom they feel is well
qualified to serve as, and who is their choice to be a member of said
Commission. A majority of the members of said Commission shall
constitute a quorum for the transaction of all business and the carry-
ing out of the duties of said Commission. Before entering upon the
discharge of their duties as members of said Commission, each
member shall take and subscribe to the oath of office prescribed in
Section 2 of Article XVI of the Constitution of the State of Florida.
No member of the Commission shall receive any salary or other
compensation but each member of the Commission shall receive the
sum of Ten Dollars per day for each day spent in actual attendance
ir meetings of the Commission to cover his personal expenses while
in attendance, together with mileage at the rate allowed by law to
State employees for each mile actually traveled to and from all
regular and special meetings of said Commission.


Section 3A. The secretary of the Commission shall not be paid
in excess of $5,000.00 per annum.


Section 4. That the executive offices of said Commission shall
be established and maintained at a place within the State of Florida
designated by the Commission, which designated place may be
changed in the discretion of the Commission.


Section 5. That the Florida Citrus Commission shall be and it
is hereby declared and created a corporate body. The said Commis-
sion shall have power to contract and be contracted with, to have
and possess all the powers of a body corporate for all purposes
necessary for duly carrying out the provisions and requirements of
this Act. The said Commission shall adopt a corporate seal by
which it shall authenticate its proceedings. Copies of the proceed-
ings, records and acts of the Commission and certificates purporting
to relate the facts concerning such proceedings, records and acts,
signed by the Chairman of the Commission and authenticated by said









seal, shall be prima facie evidence thereof in all the Courts of this
State.

Section 6. That there shall be paid into the State Treasury on
or before the 15th day of each month all moneys received under the
provisions of this Act, which moneys shall be paid into the General
Inspection Fund and are hereby appropriated and made available
for defraying the expenses of the commission and of the adminis-
tration and enforcement of all provisions of this act. All assess-
ments prescribed by, and required to be paid under, the provisions
of this Act shall be paid to the Commissioner in the first instance.

Section 7. That all salaries, costs and expenses incurred in the
administration and enforcement of this Act shall be paid out of the
General Inspection Fund.

All salaries, costs and expenses incurred in the enforcement of
the provisions of this Act shall be paid out of such General Inspec-
tion Fund upon vouchers approved by the Commissioner and war-
rants issued thereon by the Comptroller of Florida.,

All salaries, costs and expenses incurred by the Commission in
the performance of its duties and the exercise of its powers under
this Act shall be paid out of such General Inspection Fund in the
following manner: vouchers shall be submitted by the Commission
to the Commissioner and he shall forthwith submit such vouchers
to the Comptroller for issuance of warrants thereon.

Section 8. That the powers and duties of said Commission shall
include the following:

1. To elect a Chairman and from time to time such other offi-
cers as it may deem advisable, and to adopt and from time to time
alter, rescind, modify and/or amend all proper and necessary rules,
regulations and orders for the exercise of its powers and the per-
formance of its duties under this Act, which such rules, regulations
and orders shall have the force and effect of law where not incon-
sistent with existing laws.

2. To act as the general supervisory authority over the admin-
istration and enforcement of this Act and the provisions thereof
and to exercise such other powers and perform such other duties as
may be imposed upon it by other laws of the State of Florida.

3. To employ, and at its pleasure discharge, a Manager and/or










Secretary and such attorneys, clerks and employees as it deems neces-
sary, and to outline' their powers and duties and fix their compen-
sation; provided, however, that such manager shall not receive a
compensation greater than $5,000.00 per annum and no attorney
or firm of attorneys shall receive a compensation greater than
$5,000.00 per annum; and, provided further, that the entire overhead
expenses of the said Commission shall not exceed $30,000.00 per
annum including the salaries of the manager and attorneys and
other persons employed in the headquarters of the Commission,
provided that this limitation shall not apply to field employees or
agents of the Commission.

4. To purchase or authorize the purchase of all office equip-
ment and supplies and to incur all other necessary expenses in
connection with and required for the proper carrying out of the
provisions of this Act.

5. To investigate violations of the provisions of this Act or of
other Acts conferring powers and duties upon said Commission and
to report its findings and/or recommendations in connection there-
with to the Commissioner.

6. To incur such reasonable obligations and expenses as may
be necessary and proper for the discharge of its powers and duties
hereunder or under other existing laws, and to have such obliga-
tions and expenses paid out of the funds authorized by law to be
collected and expended.

Section 9. That for the purpose of carrying out the terms and
provisions of this Act the following Citrus Districts in Florida are
hereby created and established, to-wit:

Citrus District Number One shall comprise the Counties of Hills-
borough, Pinellas and Manatee.

Citrus District Number Two shall comprise the Counties of
Citrus, Sumter, Lake, Hernando and Pasco.

Citrus District Number Three shall comprise the counties
of Alachua, Putnam, St. Johns, Flagler, Marion, Levy and Seminole
and County Commissioner's District Number one, two and three of
Volusia County.

Citrus District Number Four shall comprise the Counties of
Orange and Osceola.










Citrus District Number Five shall comprise the Counties of Bre-
vard, Indian River, St. Lucie, Martin, Palm Beach, Broward, Dade
and County Commissioner's Districts Numbers Four and Five of
Volusia County.

Citrus District Number Six shall comprise the counties of Sara-
sota, Hardee, Highlands, Okeechobee, Glades, DeSoto, Charlotte, Lee,
Hendry, Collier and Monroe.

Citrus District Number Seven shall comprise the County of
Polk.

Section 10. That said Commission shall have full and plenary
power to establish standards for State grades of citrus fruit and
for containers therefore and may prescribe rules, regulations and/or
orders governing the marks or tags which may be required upon
citrus fruit and/or upon containers thereof for the purpose of show-
ing the name and address of the person marketing such citrus fruit,
the grade, quality, type, variety or size of the citrus fruit and/or
the quality, type, size, weight, content, dimensions or shape of the
container; provided, however, that no standard, regulation, rule or
order under this Section which is repungnant to any requirement
made mandatory under Federal law shall apply to citrus fruit and/or
containers therefore which is being shipped from this State in inter-
state commerce. All citrus fruit sold or offered for sale or offered
for shipment within or without the State of Florida shall be graded
and marked as required by this Act and the regulations, rules and
orders adopted and made under authority of this Act, which regula-
tions, rules and orders shall, when not inconsistent with State or
Federal law, have the force and effect of law.

Section 11. That the inspection in the State of Florida of all
citrus fruit and the certifying as to grades and qualifications thereof
and the enforcement of all provisions of this Act, and/or of rules,
regulations and/or orders made pursuant and under authority of
this Act, shall be under the direction, supervision and control of the
Commissioner.

Section 12. That all citrus' fruit sold or offered for sale, or
offered for shipment, or being shipped by common, carrier or other-
wise, shall be graded according to the standards as now fixed by the
United States Department of Agriculture, or as such standards may
be hereafter modified or changed, and all such citrus fruit shall have
stamped thereon the grade thereof according to such standards, ex-
cept that in case such citrus fruit is sold, offered for sale, or offered










for shipment, or being shipped by common carrier, or otherwise,
enclosed in a container which meets the standards established by the
commission, it shall be sufficient if the grade of said citrus fruit shall
be stamped upon said closed container in the way and manner pre-
scribed by the Commission, provided that, under such order or regu-
lation as the Commission may prescribe, the shipper or seller using
closed containers shall have the privilege of using, instead of mark-
ing, either labels, brands or trade-marks which shall represent State
grades or United States grades and be registered with the Commis-
sion and the Commission is hereby authorized to receive and file
for record such labels, brands or trade-marks. For the use and
benefit of those shippers desiring to have citrus fruit graded accord-
ing to the standards as now fixed by the United States Department
of Agriculture or as such standards be hereafter modified or changed,
the official United States standards for citrus fruit as applied to
the State of Florida are hereby adopted, except that the term "culls"
shall be substituted for the term "unclassified."

Section 13. That said Commissioner is hereby authorized and
empowered:

1. To enter and inspect personally, or through his authorized
inspector, employee or agent, any place within the State of Florida
where citrus fruit is being prepared, packed, loaded or stored for
shipment; to stop and inspect personally, or through his authorized
inspector, employee or agent, any shipment of citrus fruit.

2. Personally, or through his authorized inspector, employee
or agent, to forbid and prohibit the shipment or sale of any citrus
fruit found to be in violation of any of the provisions of this Act,
or any rule, regulation or order made or adopted under authority of
this Act.

3. In furtherance of the right and privilege of any shipper
to have citrus fruit graded according to the standards as now fixed
by the United States Department of Agriculture, or as such stand-
ards may be hereafter changed, to co-operate with the United States
Department of Agriculture in accordance with the existing agree-
ment or agreements between the United States Department of
Agriculture and the Florida State Marketing Bureau in connection
with Shipping Point Inspection Service, and to maker any additional
agreements with the United States Department of Agriculture or
any of its branches, divisions or extensions.

4. To cause prosecution to be instituted for violation of any










of the provisions of this Act and/or for violation of any rule, regu-
lation or order promulgated by the Commission.

5. To institute such action at law or inequity as may appear
necessary to enforce compliance with any provisions of this Act or
to enforce compliance with any rule, regulation or order of the
Commission made pursuant to the provisions of this Act, and in
addition to any other remedy, to apply to any Circuit Court of this
State for relief by injunction if necessary to protect the public
interest, without being compelled to allege or prove that an adequate
remedy at law does not exist.

6. To employ and fix the compensation of such attorneys as
he deems necessary to aid and& assist him in exercising the powers
and discharging the duties conferred and imposed upon him by
law, and particularly by Sub-Sections 4 and 5 of this Section of
this Act.

Section 14. That no common carrier, or other carrier or person,
shall accept for shipment or ship or transport any citrus fruit until
a grade certificate or certificates is issued showing the grade thereof
which certificate or a duplicate thereof shall be filed with the carrier
at the point of shipment, to which such certificate or certificates there
shall be affixed the assessment stamps, to be known and designated
as "Florida Citrus Stamps", as provided in Section 18; nor shall any
common carrier, or other carrier or person, accept for shipment or
ship any citrus fruit where written notice has been given to any such
common carrier, or other carrier or person, or their representative or
agent, by the Commissioner, or his authorized agent, employee or
inspector, that said citrus fruit does not comply with the provisions
of this Act or the rules and regulations promulgated by the Com-
mission, provided that the shipper or handler of any such citrus fruit
shall have the privilege of repacking or remarking, and that if or
when the same shall have been repacked or remarked to conform to
the provisions of this Act or said rules, regulations or orders promul-
gated by the Commission, the Commissioner, or his authorized
inspector or agent, shall notify said common carrier, or other carrier
or person, or their agent, that such citrus fruit may be accepted for
shipment and such shipper or handler shall not be considered as
having violated this Act or said rules, regulations and/or orders.

Section 15. That when any citrus fruit is loaded in a car, boat,
truck or other conveyance, or is packed in closed containers, such
act shall be prima facie evidence that such citrus fruit is offered
for shipment.










Section 16. As amended, that all citrus fruit to be used for
charitable or unemployment relief purposes, or for use in commercial
processing, preserving or manufacture of by-products for resale, or
which are being delivered to any person in the State for grading,
packing or reconditioning, shall be exempt from the provisions of
this Act. The owner or person in possession of citrus fruit which
is to be used or disposed of as provided in this Section must, upon
the demand of any enforcing officer, give to such officer a sworn
statement in writing made before a Notary Public, specifying that
the1 citrus fruit will be disposed of as provided in this Section and
the name and address of the person to whom such citrus fruit is to
be delivered and an accurate identification of such citrus fruit. Within
a reasonable time after the demand and receipt of such statement by
the officer, a written receipt must be presented to the Commission
by the person making the above mentioned statement. This receipt
must contain a signed statement by the person receiving such citrus
fruit that such citrus fruit, giving an accurate description of it, has
been received. It shall be unlawful to sell, transport or deliver any
of the citrus fruit mentioned in this Section without having first se-
cured a permit from the Commission. Every person who sells,
transports or delivers such citrus fruit shall apply to the Commission
for a permit which shall be issued to such person, under such regu-
lations as the Commission may prescribe under this Act, for a period
not to exceed twelve months. The permitee shall, upon request of
the Commission or any enforcement officer, furnish such affidavits,
receipts or other evidence as the Commission reasonably may require
as proof that the citrus fruit mentioned in this Section has been
disposed of for charity, unemployment relief, commercial processing,
preserving or manufacture of by-products. Such permit may be
revoked or suspended for failure to furnish required evidence of
lawful disposal of such citrus fruit or for violation of any other
requirement of this Section after notice and hearing by the Com-
mission. Such notice, when mailed to the permitee at the address
given in his application, shall give the Commission jurisdiction to
revoke or suspend such permit. Nothing herein contained shall
apply to a common carrier operating over a regular route or between
fixed termini and transporting any of the citrus fruit mentioned in
this Section in good faith and in accordance with its duties as a
common carrier.


Section 17. That when any dispute as to quality, grade or
condition arises, the shipper or any financially interested person may
call in at his, her or its expense an inspector licensed by the United
States Department of Agriculture to inspect citrus fruit. Such
inspector shall issue a regular official certificate to the applicant










showing the quality, grade and condition, and in all cases such cer-
tificate shall be prima facie evidence. If such certificate shows the
citrus fruit therein mentioned and described to conform to the pro-
visions of this Act and the rules, regulations or orders of the Com-
mission, such shipper or such financially interested person may
present the original certificate to the person or representative of
the person having charge of the vehicle of transportation by which
such citrus fruit is to be transported, which person or representative
shall then accept such citrus fruit for shipment, provided assessment
stamps have been attached as hereinafter required, and provided all
other provisions of this Act and of the rules, regulations and orders
of the Commission have been met and complied with.


Section 18. That all citrus fruit sold or offered for sale or
offered for shipment within or without the State of Florida: shall be
assessed at the rate of one cent for each standard packed box. All
such assessments shall be paid by the person selling or offering such
citrus fruit for sale or shipment to the Commissioner and shall be
credited to the General Inspection Fund to be used for the purpose
of defraying the expenses of the administration and enforcement of
this Act. All such assessments shall be due when citrus fruit cov-
ered by this Act is prepared for shipment or sale and payment thereof
shall be evidenced by Florida Citrus Stamps which shall be attached
to the grade certificate or certificates showing the grade of such
citrus fruits.

Section 19. That it shall be the duty of each State or County
law enforcement officer to make arrests for violations of this Act
or of any rule, regulation or order promulgated by the commission
under authority of this Act, when notified of such violation by the
Commissioner or his duly authorized agent or representative.

Section 20. That any person who shall violate or aid in the
violation of any of the provisions of this Act, or any of the rules,
regulations or orders promulgated hereunder by the Commission
shall, upon conviction, be punished by a fine of not to exceed Five
Hundred Dollars, or by imprisonment for a period not to exceed
ninety days, or by both such fine and imprisonment, in the discretion
of the Court.

Section 21. As amended, that any and all rules, regulations and
orders promulgated by the Commission under the provisions of this
Act shall be published one time within five days after the same are
promulgated in at least one daily newspaper of general circulation
in each of two cities within the citrus producing area of the State of










Florida, to be selected by the Commission. All such rules, regula-
tions and orders shall become effective five days after the same are
promulgated unless otherwise ordered by the Commission, but no
rule, regulation or order shall be effective sooner than seventy-two
hours after promulgation thereof. In case written protest or protests
by any interested person or persons shall be made to any one or
more of such rules and/or regulations and/or orders within thirty
days after publication of same, hearings shall be conducted at places
and at times to be determined by the Commission, or its authorized
agent or representative, at which all interested persons shall have a
right to be heard. Due notice of the time and place of such hearing
or hearings by the Commission, or its authorized agent or representa-
tive, shall be given to the person or persons making such protest or
protests. In all cases such written protest or protests shall be filed
with the Commission and if there be no such written protest or pro-
tests filed with the Commission within thirty days after such rules,
regulations and/or orders become effective, then and in that event
such rules, regulations and/or orders shall be final. Any action
of the Commission refusing to modify the rules and/or regulations
and/or orders protested shall be subject to review by any court of
competent jurisdiction."

Section 22. The Commission shall make an annual report to
the Governor upon the work of the commission. It shall also make
such special reports upon any phase of the work of the Commis-
sion as may be called for by the Governor, the Legislature, or either
House thereof.

Section 23. As amended, that this Act shall be liberally con-
strued, and if any part or portion thereof be declared invalid, or the
application thereof to any person, circumstance or thing is declared
invalid, the validity of the remainder of this Act and/or the appli-
cability thereof to any other person, circumstance or thing shall not
be affected thereby, and it is the intention of the Legislature to
preserve any and all parts of said Act if possible.

Section 24. That all laws and parts of laws in conflict with the
provisions of this Act be and the same are hereby repealed.

Section 25. As amended, that this act shall take effect im-
mediately upon its passage and approval by the Governor or upon
its becoming a law without such approval.

Approved by the Governor May 4, 1937.

Filed in Office Secretary of State May 4, 1937.










Chapter No. 16863

Laws of Florida-Acts of 1935




AN ACT Providing for and Prescribing Certain Additional Powers,
Duties, and Authority of the Florida Citrus Commission; Pro-
viding for the Application of Other Provisions of Law to Rules
and Regulations Promulgated under the Provisions of this Act;
Providing the Manner in Which the Provisions of this Act Shall
Be Construed.

Be It Enacted by the Legislature of the State of Florida:

Section 1. The Florida Citrus Commission is hereby given full
and plenary power and authority, and it is hereby made its duty,
to do the following things:

(a) To promulgate and enforce such rules and regulations
concerning the commission to be paid on all sales of citrus fruit,
auction or otherwise, as to it shall seem fair and reasonable.

(b) To promulgate and enforce such rules and regulations con-
cerning the charges to be made for the packing, pre-cooling and
coloring of citrus fruit as to it shall seem fair and reasonable.

(c) To promulgate and enforce such rules and regulations con-
cerning the packing of citrus fruits, including the bulk, wrapping
and form, manner, and means of packing, as to it shall seem fair
and reasonable.

(d) To promulgate and enforce rules and regulations estab-
lishing s-ch prices to be paid for the working, polishing and grad-
ing of citrus fruit for truck or bulk shipment, as to it shall seem
fair and reasonable;

Provided, however, that no rule or regulation under this sec-
tion which is repugnant to any requirement made mandatory under
Federal Law shall apply to Citrus fruit and/or containers therefore
which is being shipped from this State in Interstate Commerce.

Section 2. The provisions of law, relative to other rules and
regulations promulgated by the Florida Citrus Commission, includ-









ing those providing for the publication, providing for the enforcement
and prescribing the penalties for the violations of such rules and
regulations, shall apply to all rules and regulations promulgated by
the Florida Citrus Commission under and by virtue of the provisions
of this Act.

Section 3. If any phrase, clause, section, or part of any phrase,
clause or section of this Act shall for any reason be declared'invalid
by any Court of competent jurisdiction such invalidity shall not
affect the remaining portions and provisions of this Act, and the
same shall be and remain in full force and effect.

Section 4. This Act is to be liberally construed, and is to be
construed as in no wise limiting or restricting the rights, powers,
duties or authority of the Florida Citrus Commission now or here-
after in it vested by law, but is to be construed as being supple-
mentary thereto and an enlargement thereof. Provided, however,
that this Act shall not be construed so as to conflict with the duties
of Federal Agencies, but be in harmony therewith.

Section 5. All laws and parts of laws in conflict herewith are
hereby repealed.

Section 6. This Act shall take effect immediately upon its be-
coming a law.

Approved June 8, 1935.

Filed in Office Secretary of State June 8, 1935.











The Citrus Maturity Law



CHAPTER NO. 17779

Laws of Florida, Acts of 1937



AN ACT to prohibit the sale or offering for sale, the transportation,
and the preparation, receipt or delivery for transportation or mar-
ket of any citrus fruit that is immature or otherwise unfit for
human consumption; to provide for the enforcement thereof; and
to provide penalties for the violation thereof.

Be It Enacted By the Legislature of the State of Florida:

Section 1. That, as used in this Act, the word "person" shall
extend to and include persons, partnerships, associations and cor-
porations; the word "box" shall refer to the standard size containers
now in common use in this State in the packing and shipment of
citrus fruit; the words "citrus fruit" shall extend to and include only
the fruits Citrus Grandis, Osbeck, commonly and hereinafter called
grapefruit and Citrus Sinensis, Osbeck, commonly called oranges, and
hereinafter called oranges, and Citrus Nobilis Deliciosa, commonly
and hereinafter called 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.

Section 2. It shall be unlawful for any person to sell or offer
for sale, to transport, to prepare, receive or deliver for transporta-
tion or market any citrus fruit between the 31st day of August and
the 1st day of December 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 in-
spector 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
Florida Citrus Commission 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; with the further proviso that shipment-
in bulk either by common carrier or otherwise to a packing house
for repacking in the State of Florida, must be reinspected and
recertified before final delivery to carrier, providing that only one
inspection fee shall be paid by the shipper. Provided, that it shall be
unlawful during 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 which is immature according to the standards
of this Act or otherwise unfit for human consumption, or for any
person to receive any such citrus fruit under a contract of sale, or
for the purpose 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 any such common carrier is ac-
companied by a proper certificate of maturity of such fruit as here-
inafter provided, nor when the fruit is accepted by such common
carrier for transportation during the time when no inspection is re-
quired by this Act.

Section 3. That within the purpose and meaning of this Act,
grapefruit shall be deemed to be mature only when the total solu-
ble solids of the juice thereof is not less than seven (7) percent,
and when the ratio of total soluble solids of the juice thereof to the
anhydrous citric acid is as set forth in sub-section A of this Section,
and when the juice contents of said grapefruit is not less than the
minimum requirement for the respective sizes of said grapefruit as
set forth hereinafter in sub-section B of this Section.

(A) The minimum ratios of total soluble solids of the juice of
said grapefruit to the anhydrous citric acid are as follows:

1. When the total soluble solids of the juice is not less than
seven (7) percent and not more than eight (8) percent the minimum
ratio of total solulie solids to anhydrous citric acid shall be seven
to one (7 to 1).

2. When the total soluble solids of the juice is not less than
eight (8) percent and not more than nine (9) percent the minimum
ratio of total soluble solids to anhydrous citric acid shall be six and
one-half to one (6.50 to 1).










3. When the total soluble solids of the juice is not less than
nine (9) percent and not more than nine and one-tenth (9.1) percent
the minimum ratio of the total soluble solids to anhydrous citric acid
shall be six and forty-five hundredths to one (6.45 to 1).

4. When the total soluble solids of the juice is not less than
nine and one-tenth (9.1) percent and not more than nine and two-
tenths (9.2) percent the minimum ratio of the total soluble solids to
anhydrous citric acid shall be six and four-tenths to one (6.4 to 1).

5. When the total soluble solids of the juice is not less than
nine and two-tenths (9.2) percent and not more than nine and three-
tenths (9.3) percent the minimum ratio of total soluble solids to
anhydrous citric acid shall be six and thirty-five hundredths to
one (6.35 to 1).

6. When the total soluble solids of the juice is not less than
nine and three-tenths (9.3) percent and not more than nine and
four-tenths (9.4) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be six and thirty hundredths to one
(6.30 to 1).

7. When the total soluble solids of the juice is not less than nine
and four-tenths (9.4) percent and not more than nine and five-tenths
(9.5) percent the minimum ratio of total soluble solids to anhydrous
citric acid shall be six and twenty-five hundredths to one (6.25 to 1).

8. When the total soluble solids of the juice is not less than
nine and five-tenths (9.5) percent and not more than nine and
six-tenths (9.6) percent of the minimum ratio of total soluble solids
to anhydrous citric acid shall be six and twenty hundredths to one
(6.20 to 1).

9. When the total soluble solids of the juice is not less than
nine and six-tenths (9.6) percent and not more than nine and seven-
tenths (9.7) percent the minimum ratio of total soluble solids to
anhydrous citric acid shall be six and fifteen hundredths to one
(6.15 to 1).

10. When the total soluble solids of the juice is not less than
nine and seven-tenths (9.7) percent and not more than nine and
eight-tenths (9.8) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be six and ten hundredths to one
(6.10 to 1).










11. When the total soluble solids of the juice is not less than nine
and eight-tenths (9.8) percent and not more than nine and nine-
tenths (9.9) percent the minimum ratio of total soluble solids to
anhydrous citric acid shall be six and five hundredths to one
(6.05 to 1).

12. When the total soluble solids of the juice is not less than
nine and nine-tenths (9.9) percent the minimum ratio of total soluble
solids to anhydrous citric acid shall be six to one (6 to 1).

(B) The minimum juice contents of the juice of the respective
sizes of said grapefruit are as follows, each size being designated by
the commercial number assigned to it, based on the number of grape-
fruit of said size packed commercially in a standard Florida packed
box of grapefruit containing two compartments each having inside
dimensions of twelve inches by twelve inches by twelve inches:

1. A grapefruit of size 28 shall contain not less than 335 cubic
centimeters of juice.

2. A grapefruit of size 36 shall contain not less than 310 cubic
centimeters of juice.

3. A grapefruit of size 46 shall contain not less than 295 cubic
centimeters of juice.

4. A grapefruit of size 54 shall contain not less than 270 cubic
centimeters of juice.

5. A grapefruit of size 64 shall contain not less than 245 cubic
centimeters of juice.

6. A grapefruit of size 70 shall contain not less than 225 cubic
centimeters of juice.

7. A grapefruit of size 80 shall contain not less than 215 cubic
centimeters of juice.

8. A grapefruit of size 96 shall contain not less than 190 cubic
centimeters of juice.

9. A grapefruit of size 126 shall contain not less than 160 cubic
centimeters of juice.









10. A grapefruit of size 150 shall contain not less than 140 cubic
centimeters of juice.

The tests of the juice contents of grapefruit hereunder shall be
based upon the average maximum amount of liquid contents which
can be extracted from the flesh and pulp of not less than three
average individual specimens of said grapefruit of any given size.
The Florida Citrus Commission shall by proper rules and regulations
to be issued hereunder prescribe the manner and method of drawing
of said samples and of conducting said tests. The skin and rind shall
be removed before the liquid contents are extracted, and the remain-
ing portion of the fruit shall be enclosed within a porous cloth before
the juice is extracted therefrom for the purpose of permitting an
efficient extraction of said juice, and the mechanical juice extractor
or fruit press known as "Juicy Fruit Press" manufactured by O. P.
Schriver Company of Cincinnati, Ohio, shall be used in such process
of extraction with the strength of one man applied thereto. Provided,
that by the regulation of the Florida Citrus Commission any other
mechanical fruit press or juice extractor of similar construction and
equal efficiency may be used in such process of extraction.

Section 4. That within the purpose and meaning of this Act,
oranges shall be deemed to be mature only when the ratio of total
soluble solids of the juice thereof to the anhydrous citric acid is
not less than eight to one (8 to 1).

Section 5. 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 seven and one-half to one (7.50 to 1).

Section 6. In determining the total soluble solids of citrus fruit
within the purpose and meaning of this Act, the Brix hydrometer
shall be used, and the reading of the hydrometer corrected for
temperature shall be considered as the per centum of the total soluble
solids. Anhydrous citric acid shall be determined by titration of the
juice, using standard alkali and Phenophthalein as the indicator, the
total acidity being calculated as anhydrous citric acid.

Section 7. Any citrus fruit not conforming to the above stand-
ards set forth in Sections 3, 4, 5 and 6 of this Act shall be deemed
and held to be immature within the meaning of this Act.

Section 8. 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 en-
suing citrus fruit shipping season, shall register such packing house
and its location, shipping point, and post office with the Commission-
er of Agriculture, not less than ten (10) days before packing or
otherwise preparing any citrus fruit for sale or transportation 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 preparations for sale
or transportation between August 31st and December 1st of citrus
fruit of the then current or then next ensuing season's crop will be
begun. The Commissioner of Agriculture shall issue a certificate
of registration to each such packing house registering; provided,
however, that no such certificate of registration shall be issued to
any packing house unless the operator thereof shall have first applied
for and received his license as a citrus fruit dealer and furnished his
bond as such citrus fruit dealer, in accordance with law. 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 previously registered sail
packing house and given the notice herein required, and receiving
and still having unrevoked from the Commissioner of Agriculture a
certificate; provided, that no certificate of inspection and maturity of
any fruit shall be issued by any authorized inspector except to a
person who has registered with the Commissioner during the then
current year and has an unrevoked certificate of registration and
has given to said Commissioner the notice as required by this Act;
nor shall any certificate of inspection and maturity be issued until
after payment of the inspection fee imposed by or under the pro-
visions of this Act, such payment to be evidenced as herein required
or authorized.

For 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, operator, or foreman or other person in authority
shall 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 Commission-
er of Agriculture shall permanently revoke said certificate and no
inspection 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 he used for the









packing or shipment of citrus fruit during the period when such
registration certificate is revoked.


Section 9. Every vendor or shipper of citrus fruit between the
dates of August 31st and December 1st of each year shall pay to the
Commissioner of Agriculture a maturity inspection fee of one cent
for each 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 one
cent for each one and three-fifths, bushels of such fruit. Such ma-
turity inspection fee shall be in addition to fees for grade inspections
or for any other inspections or services required by law. Provided,
however, that if the Governor and Commissioner of Agriculture shall
determine 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
proclamation reduce the fee to be paid during the next ensuing season
to such sum as may be deemed sufficient for said purpose.


Such maturity inspection fee shall be due when the fruit is
prepared for market or transportation, and payment thereof shall be
evidenced by "Florida Citrus 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 "Florida Citrus Stamps" as may be provided
by regulation prescribed by the Florida Citrus Commission. Pro-
vided, 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.


Section 10. In the event that the Florida Citrus Commission
shall determine by resolution that the late maturity of citrus fruit in
any year, or other abnormal condition, shall require the extension of
the maturity inspection season after December slt, the Commissioner
shall continue his maturity inspection service hereunder in accordance
with said resolution of the Florida Citrus Commission, but not later
than December 31st in any case. In such case of extension of the
maturity inspection season all provisions of this Act applicable to
citrus fruit shipped between August 31st and December 1st shall be
applicable to citrus fruit shipped during such extended maturity
inspection season including the requirement of payment of the
maturity inspection fee.









Section 11. None of the provisions of this Act shall apply to the
sale, transportation or carriage of citrus fruit for the bona' fide
purpose of canning said citrus fruit, nor shall this Act apply to citrus
fruit present or held in canneries for the purpose of being canned
therein.

Section 12. It shall be the duty of the Commissioner of Agri-
culture to furnish the vendors and shippers of citrus fruits with such
"Florida Citrus 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 Florida Citrus Commission may by
rule or regulation prescribe.

Section 13. It shall be unlawful for any authorized Inspector 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.

Section 14. All citrus fruit prepared for sale or transportation,
or which is being prepared for such purposes, or which has been or is
being delivered for sale or transportation, that may be found im-
mature 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 provided by
regulations prescribed by the Florida Citrus Commission.

Section 15. 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 Inspectors by the provisions of this
Act and by the rules and regulations prescribed by the Florida Citrus
Commission as herein authorized, and shall perform their duties
under the direction and supervision of the Commissioner of Agricul-
ture.

Section 16. The salary of the Chief Citrus Fruit Inspector shall
be not more than Three Hundred ($300.00) Dollars per month, and
the Chief Laboratory Inspector not more than Two Hundred and
Fifty ($250.00) Dollars per month and of each of the District Super-










vising Inspectors not more than One Hundred and Seventy-five
($175.00) Dollars per month, and the salary of each of the other
inspectors shall be at the rate of not more than One Hundred and
Fifty ($150.00) Dollars per month, and in addition thereto each
Inspector shall receive 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 approval 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 assistants, at such times and for such
periods and to incur and pay any other expenses, including traveling
expenses of the Commissioner of Agriculture, during the citrus fruit
season as may be necessary for the effective enforcement of this Act,
and to assure 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 individuals shall be signed by him or
her as "Special Citrus Fruit Inspector." He or she shall not be re-
quired to give any bond but shall be subject to the penalties imposed
by this Act for violation of any of the provisions hereof.

Section 17. The Florida Citrus Commission shall, from time to
time, as it may deem to be expedient and necessary, make and
promulgate rules and regulations for carrying out and enforcing the
provisions and regulations of this Act.

Section 18. For the purpose of enforcing the provisions of this
Act as' well as the regulations of the Florida Citrus Commission to
be issued hereunder citrus fruit inspectors are hereby empowered
and authorized to enter into any packing house at any hour of day
or night and to have and demand access and admission to any en-
closed portion of said packing house. Said Citrus Fruit Inspectors
are likewise empowered and authorized to inspect all packing house
records pertaining to receipts from groves and to details of receiving,
handling, running, processing or packing citrus fruit.

Section 19. In the event that any packing house packing citrus
fruit during the inspecting season shall have present therein or shall
be processing or shall be packing two or more lots of fruit simul-
taneously it shall be the duty of the manager or other person in
charge of said packing house to notify the Citrus Fruit Inspector










conducting inspections at said packing house of said fact and to
furnish to said inspector full information as to the source of said
several lots of fruit and the number of boxes in each several lot.

Section 20. It shall be unlawful for any person to obstruct,
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 Florida Citrus
Commission herein authorized, or to change or attempt to change
any instrument, substance, article or fluid used by such Inspector or
emergency Inspector in making tests of citrus fruit.

Section 21. 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 Florida Citrus Commission in pursuance of the authority
therefore herein given, shall be punished by a fine of not less than
Fifty ($50.00) Dollars, and not more than One Thousand ($1,000.00)
Dollars, or by imprisonment in the County Jail for not more than one
(1) year, or by both such fine and imprisonment in the discretion
of the Court.

Section 22. All money received by the Commissioner of Agri-
culture for maturity inspection fees and certificates of inspection
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 expenses incurred in the enforcement of the pro-
visions of this Act shall be paid out of such "General Inspection
Fund" upon vouchers approved by the Commissioner of Agriculture
and warrants issued thereon by the Comptroller.

All salaries and expenses incurred by the Florida Citrus Com-
mission in functioning under this Act shall be paid out of such
"General Inspection Fund" upon vouchers certified by the Florida
Citrus Commission and approved by the Commissioner of Agricul
ture and warrants issued thereon by the Comptroller.

Section 23. If any provision, section, sub-section, sentence,
clause or phrase of this Act is for any reason held to be unconstitu-
tional or invalid, such holding shall not affect in any way the
validity of such parts of this Act as shall not be in violation of the
Constitution, or shall not otherwise be invalid1










Secticn 24. All laws in conflict with the provisions of this
Act are heieby repealed.

Section 25. This Act shall take effect August 1st, 1937.

Approved by the Governor May 3, 1937.

Filed in Office Secretary of State May 4, 1937.










CHAPTER NO. 17776

Laws of Florida, Acts of 1937




AN ACT providing for and prescribing certain additional powers,
duties and authority of the Florida Citrus Commission; providing
the authority for the Florida Citrus Commission to hold hearings,
ascertain facts, and to raise or lower juice requirements of grape-
fruit that may be marketed in accordance with law.

WHEREAS, it is a well known fact, and the Legislature so finds,
that the juice content of grapefruit varies in abnormal seasons; and

WHEREAS, the maturity laws of Florida with reference to
juice content of grapefruit are designed to furnish a reasonable
standard in normal seasons; and

WHEREAS, it is a well known fact, and the Legislature so
finds, that during abnormal seasons the juice content of grapefruit
varies as much as ten percent from normal; and

WHEREAS, in the event of the occurrence of abnormal seasons
the Florida Citrus Comission should be vested with authority to find
and determine the facts existing during any such season, after public
hearing, and should be vested with the power to raise or lower the
requirements of juice content of grapefruit as fixed by statute during
such abnormal season, provided, that in no case shall such total
increase or decrease of such requirement, on account of the existence
of any abnormal season, exceed ten percent (10%) of the amounts
expressly fixed by statute;

NOW, THEREFORE

Be It Enacted By the Legislature of the State of Florida:

Section 1. The Florida Citrus Commission is hereby given full
and plenary power and authority to do the following things:

1. To hold public hearings of the persons engaged in the grow-
ing and/or shipping of grapefruit in the State of Florida at a place
or places to be designated by the Florida Citrus Commission for the
purpose of ascertaining the facts as to whether or not abnormal









seasonal conditions exist in the grapefruit producing sections of the
State and the extent of the effect thereof on the juice content of
grapefruit and the amount said juice content varies from normal.

2. To find and determine after such hearings whether or not
the required juice content of grapefruit as set out in the maturity
laws of Florida should be raised or lowered for the particular ship-
ping season in which such hearing or hearings are held or until the
termination of said abnormal shipping season and the effect upon the
juice content of grapefruit produced thereby.

3. In the event that said Florida Citrus Commission, after such
public hearing or hearings, shall affirmatively find and determine
that abnormal seasonal conditions do exist in the grapefruit pro-
ducing sections of the State, and shall further find and determine
that the required juice content of grapefruit as set out in the ma-
turity laws of Florida should be raised or lowered, said Florida Citrus
Commission shall have, and it is hereby expressly vested with the
power and authority to raise or lower the required juice content of
grapefruit as may be prescribed by the maturity laws of Florida, in
accordance with its findings, but in no case shall said required juice
content of grapefruit be raised or lowered more than ten percent
(10%) from the amount required by law.


Section 2. An affirmative vote of not less than nine (9) mem-
bers of the Florida Citrus Commission shall be necessary in order to
adopt, alter, rescind, modify and/or amend a regulation lowering or
raising the juice content of grapefruit as fixed by law, which said
regulation when passed and published as provided by law shall have
the force and effect of law.

Section 3. This Act is to be liberally construed, and is to be
construed as in no wise limiting or restricting the rights, powers,
duties or authority of the Florida Citrus Commission now or here-
after in it vested by law, but is to be construed as being supple-
mentary thereto and as enlargement thereof.

Section 4. That this Act shall be liberally construed and if
any part or portion thereof be declared invalid, or the application
thereof to any person, circumstance or thing is declared invalid, the
validity of the remainder of this Act and/or the applicability thereof
to any other person, circumstance or thing shall not be affected
thereby, and it is the intention of the Legislature to preserve any and
all parts of sail Act if possible.










Section 5. All laws and parts of laws in conflict herewith are
hereby repealed.

Section 6. This Act shall take effect August 1, 1937.

Approved by the Governor May 3, 1937.

Filed in Office Secretary of State May 4, 1937.










The Color-Added Law




CHAPTER NO. 17778

Laws of Florida, Acts of 1937



AN ACT to provide for, and control, the artificial coloring of certain
citrus fruits, and fixing penalties for the violation thereof.

Be It Enacted By the Legislature of the State of Florida:

Section 1. Definitions:

As used in this Act:

(a) The term "citrus fruit" means and includes only the fruits
Citrus Grandis, Osbeck, commonly called grapefruit, and Citrus
Sinensis, Osbeck, commonly called oranges, and Citrus Nobilis De-
liciosa, commonly called tangerines, or any of them, grown in the
State of Florida.

(b) The term "person" means and includes individual, partner-
ship, corporation, association or any other business unit.

(c) "Coloring matter" means and includes any dye or any
liquid or concentrate, or material containing a dye, or materials
which react to form a dye, used or intended to be used for the pur-
pose of enhancing the color of citrus fruit by the addition of artificial
color to the peel thereof; provided that said term shall not include
any process or treatment of fruit which merely brings out or ac-
celerates the natural color of fruit.

(d) "Commissioner" shall mean the Commissioner of Agricul-
ture of the State of Florida.

(e) "Commission" shall mean the State Citrus Commission
created and designated as "Florida Citrus Commission."










(f) "Standard packed box" shall mean 1-3/5 bushels of citrus
fruit, whether in bulk or containers.

(g) "Manufacturer" means and includes any person who shall
manula'cture or sell, or offer for sale, or license or offer to license
for use, any coloring matter.

Section 2. It shall be unlawful for any manufacturer to use
or include, in the manufacture of any coloring matter, any dye or
color other than one that has been duly certified, by the United States
Department of Agriculture, as harmless and suitable for use in foods;
PROVIDED, that in the case of a dye or color for which certification
is pending, the Commissioner shall issue a temporary permit allow-
ing the use of such dye or color, pending such certification, when
upon analysis thereof, made pursuant to regulations promulgated
by the Commission as hereinafter authorized, the said dye or color
shall have been found to contain no amount of antimony, arsenic,
barium, lead, copper, mercury, or zinc, or other heavy metals, or
other substances known to be injurious to health, in excess of
amounts thereof permitted in certified food colors by regulations of
the United States Department of Agriculture; and PROVIDED fur-
ther, that the cost of such analysis shall be paid by the manufacturer
desiring to use such color.

Section 3. Every manufacturer, before selling or offering for
sale, or licensing or offering to license for use, any coloring matter,
shall furnish the Commissioner with the complete formula followed
in the manufacture of such coloring matter, (including, in event of
the use of a non-certified dye under the provisions of Section 2
hereof, the formula for such dye) together with a sample of such
coloring matter in such amount as the Commissioner may direct.
The Commissioner shall cause the said formula to be examined, and
the said sample to be analyzed, and if there shall be found in either
any ingredient prohibited under Section 2 hereof, or any other in-
gredient known to be dangerous to health under the conditions of its
use, or if the said coloring matter shall vary in any material or
substantial degree from the formula so furnished, then such coloring
matter shall not be used on citrus fruits, and the manufacturer
shall be denied the license hereinafter required. If such coloring
matter is found suitable for use in food under the provisions of this
and Section 2 hereof, then the coloring matter shall be authorized
for use on citrus fruits, and the manufacturer shall be licensed as
hereinafter provided. Thereafter the Commissioner shall, from time
to time, cause samples of coloring matter to be taken at the manu-
facturer's place of business, and shall cause the same to be analyzed,









and if the said coloring matter shall be found to contain any in-
gredient herein prohibited, or if it varies in any material or sub-
stantial degree from the formula therefore as filed with the Com-
missioner, then such coloring matter shall not be used on citrus
fruit, and the manufacturer thereof shall be subjected to the penalties
of this Act; PROVIDED, however, that the formula so filed with the
Commissioner shall be held as confidential, and shall only be divulged
to the Commissioner or his duly authorized representatives or upon
orders of a court of competent jurisdiction when necessary in the
enforcement of this Act.

Section 4. That before offering any such coloring matter for
sale or use the manufacturer thereof shall first procure from the
Commissioner a license to manufacture and sell or license the use of
the same, and shall at the same time execute and deliver to the
Commissioner a cash bond or surety bond executed by such manu-
facturer as principal and by a surety company qualified and author-
ized to do business in this State, as surety, in the amount of $5,000.00.
Said bond shall be in the form approved by the Commissioner and
shall be conditioned to guarantee that such coloring matter is free
from any matter or ingredient that is hurtful to the quality of such
citrus fruit and is free from any ingredient that is in any way in-
jurious to health. Said bond shall be to the Governor of the State of
Florida and his successors in office and the aggregate accumulated
liability under any such bond shall not exceed the amount named
therein. Any person claiming to bq injured by a breach of any of
the conditions of said bond may maintain an action on the same
against the principal and surety named in said bond, or either of
them, and any judgment against the principal and surety, or either
of them, in any such action, shall include costs.

Section 5. It shall be unlawful for any person to treat any
citrus fruit with, or apply thereto, any coloring matter which has
not first received the approval of the Commissioner as herein provided.

Section 6. That it shall be unlawful for any person to use on
citrus fruits or apply thereto any coloring matter unless such fruit
passes the requirement of the State maturity tests, and, in addition
thereto, oranges shall pass the following minimum requirements for
total soluble solids of the juice thereof and for ratio of total soluble
solids of the juice thereof to anhydrous citric acid:

1. When the total soluble solids of the juice is not less than
nine (9) percent of the minimum ratio of total soluble solids to
anhydrous citric acid shall be eight and one-half to one (8.50 to 1).










2. When the total soluble solids of the juice is not less than
eight and nine-tenths (8.9) percent and not more than nine (9) per-
cent the minimum ratio of total soluble solids to anhydrous citric
acid shall be eight and sixty hundredths to one (8.60 to 1).

3. When the total soluble solids of the juice is not less than
eight and eigth-tenths (8.8) percent and not more than eight and
nine-tenths (8.9) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be eight and seventy hundredths to
one (8.70 to 1).

4. When the total soluble solids of the juice is not less than
eight and seven-tenths (8.7) percent and not more than eight and
eight-tenths (8.8) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be eight and eighty hundredths to
one (8.80 to 1).

5. When the total soluble solids of the juice is not less than
eight and six-tenths (8.6) percent and not more than eight and
seven-tenths (8.7) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be eight and ninety hundredths to one
(8.90 to 1).

6. When the total soluble solids of the juice is not less than
eight and five-tenths (8.5) percent and not more than eight and six-
tenths (8.6) percent the minimum ratio of total soluble solids to
anhydrous citric acid shall be nine to one (9 to 1).

7. When the total soluble solids of the juice is not less than
eight and four-tenths (8.4) percent and not more than eight and
five-tenths (8.5) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be nine and ten hundredths to one
(9.10 to 1).

8. When the total soluble solids of the juice is not less than
eight and three-tenths (8.3) percent and not more than eight and
four-tenths (8.4) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be nine and twenty hundredths to one
(9.20 to 1).

9. When the total soluble solids of the juice is not less than
eight and two-tenths (8.2) percent and not more than eight and
three-tenths (8.3) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be nine and thirty hundredths to one
(9.30 to 1).









10. When the total soluble solids of the juice is not less than
eight and one-tenth (8.1) percent and not more than eight and two-
tenths (8.2) percent the minimum ratio of total soluble solids to
anhydrous citric acid shall be nine and forty hundredths to one
(9.40 to 1).


11. When the total soluble solids of the jitice is not less than
eight (8) percent and not more than eight and one-tenth (8.1) per-
cent the minimum ratio of total soluble solids to anhydrous citric
acid shall be nine and fifty hundredths to one (9.50 to 1).


12. When the total soluble solids of the juice is not less than
seven and nine-tenths (7.9) percent and not more than eight (8)
percent the minimum ratio of total soluble solids to anhydrous citric
acid shall be nine and sixty hundredths to one (9.60 to 1).


13. When the total soluble solids of the juice is not less than
seven and eight-tenths (7.8) percent and not more than seven and
nine-tenths (7.9) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be nine and seventy hundredths to
one (9.70 to 1).


14. When the total soluble solids of the juice is not less than
seven and seven-tenths (7.7) percent and not more than seven and
eight-tenths (7.8) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be nine and eighty hundredths to one
(9.80 to 1).


15. When the total soluble solids of the juice is not less than
seven and six-tenths (7.6) percent and not more than seven and
seven-tenths (7.7) percent the minimum ratio of total, soluble solids
to anhydrous citric acid shall be nine and ninety hundredths to one
(9.90 to 1).


16. When the total soluble solids of the juice is not less than
seven and five-tenths (7.5) percent and not more than seven and
six-tenths (7.6) percent the minimum ratio of total soluble solids
to anhydrous citric acid shall be ten to one (10 to 1).


17. When the ratio of total soluble solids to anhydrous citric
acid shall be not less than ten and one-half to one (10.50 to 1) there
shall be no requirement for soluble solids.










18. Coloring matter shall not in any case be applied to any
oranges when the ratio of total soluble solids to anhydrous citric acid
is less than eight and one-half to one (8.50 to 1). Likewise, coloring
matter shall not in any case be applied to any oranges unless the
juice content thereof shall be at least four and one-half gallons to
each standard packed box, the juice to be extracted by hand, without
mechanical pressure.

In determining the total soluble solids of citrus fruit within the
purpose and meaning of this Act, the Brix hydrometer shall be used,
and the reading of the hydrometer corrected for temperature shall
be considered as the per centum of the total soluble solids. An-
hydrous citric acid shall be determined by titration of the juice,
using standard alkali and Phenolphthalein as the indicator, the total
acidity being calculated as anyhdrous citric acid.

Section 7. That the Commission shall have power to pass, make
and promulgate all needful rules and regulations for the proper
enforcement and carrying out of this Act, and such rules or regu-
lrtions, not inconsistent herewith, shall have the force and effect
of law.

Section 8. That the enforcement of this Act and all of the rules
and regulations promulgated by the Commission shall be under the
direction, supervision and control of the Commissioner.

Section 9. That the said Commissioner is hereby authorized
and empowered to enter upon and inspect personally, or through his
authorized inspectors or agents, any place within the State of Florida
where citrus fruit is being prepared or colored under the provisions
of this Act, and to inspect any citrus fruit found therein, and he or
they shall issue certificates of inspection in the form prescribed by
him certifying that such citrus fruit complies with the provisions
hereof in the event that he or they shall so find upon such inspection.

Section 10. That all citrus fruit treated with coloring matter, as
provided herein, shall be assessed at the rate of not to exceed one-
half cent for each standard packed box, as determined by the Com-
mission. The moneys raised from such assessment shall be paid to
the Commissioner by the person applying coloring matter to such
citrus fruit and shall be credited to and paid into the General In-
spection Fund to be used for the purpose of defraying' the expenses
of the administration and enforcement of this Act. All such assess-
ments shall be due when citrus fruit is colored and the payment
thereof shall be evidenced by suitable stamps in the form prescribed










by the Commissioner, which stamps shall be attached to the cer-
tificates provided for in Section 9 of this Act.

Section 11. That it shall be unlawful for any person to ship, sell,
or offer for sale any citrus fruit which has been treated with coloring
matter, unless all of the provisions of this Act, in regard to such
citrus fruit, shall have been previously complied with and unless such
fruit is accompanied by a certificate of inspection as provided for in
Section 9 of this Act.

Section 12. Any person who violates any of the provisions of
this Act, or any of the rules or regulations promulgated by the
Commission in pursuance hereof and not inconsistent herewith, shall,
upon conviction, be fined not to exceed One Thousand Dollars
($1,000.00), or be imprisoned for not to exceed one year, or shall
suffer both such fine and imprisonment in the discretion of the court.

Section 13. That this Act shall be liberally construed, and if
any part or portion thereof be declared invalid, or the application
thereof to any person, circumstance or thing is declared invalid, the
validity of the remainder of this Act, or the applicability thereof to
any other person, circumstance or thing shall not be affected thereby,
and it is the intention of the Legislature to preserve any and all
parts of said Act if possible.

Section 14. All laws in conflict with the provisions of this Act
are hereby repealed.

Section 15. That this Act shall take effect August 1, 1937.

Approved by the Governor May 3, 1937.

Filed in Office Secretary of State May 4, 1937.









ENFORCEMENT OF COLOR ADDED

REGULATIONS



Each manufacturer of dye emulsions for use in applying ar-
tificial color on oranges is required by law to register his formula
with the Commissioner of Agriculture and to submit samples of dyes
for analysis. These samples are analyzed at the Winter Haven
Laboratory of the State Department of Agriculture to ascertain
that they contain no poisonous ingredients, and no coloring matters
except those permitted under the Federal Food and Drugs Act.

From time to time samples of dye concentrates and diluted dye
emulsions from coloring tanks at packing houses in various parts
of the State are drawn for chemical analysis and examination to see
that no formula is used other than those registered and for which
permits have been issued. This work is done by a qualified chemist
regularly employed at the Winter Haven Laboratory.



SUMMARY OF FRUIT COLOR ADDED



Of the 17,384,022 boxes of oranges shipped by all shippers
through June 30, 1937 of the 1936-37 season, 10,618,816 boxes were
treated with artificial color. The volume of oranges color added
represents approximately 61% of the orange crop. Of tangerines,
4,644 boxes were color added during the early part of the shipping
season, but the results being more or less unsatisfactory, the artificial
coloring of this fruit was discontinued by a ruling of the Florida
Citrus Commission.

The following firms were found to be qualified and have been
issued licenses under the COLOR ADDED LAW to manufacture
and sell dyes for use in coloring citrus fruit:

Citrus Color & Supply Company, Lake Wales.
Food Machinery Corporation, Dunedin.
Fruit Treating Corporation, Orlando.
Orange Belt Fruit Company, Eustis.
B. C. Skinner, Dunedin.










ENFORCEMENT OF THE ARSENICAL

SPRAY LAW



Owing to a legal injunction granted by Judge H. C. Pettaway in
1933 restraining the Department of Agriculture from the enforce-
ment of the Citrus Arsenical Spray Law in the case of grapefruit,
this work has been confined to oranges and tangerines since that date.

Inspectors are equipped with apparatus and supplies for de-
termining the presence of arsenical sprays or dusts on citrus trees
and grove inspection is carried on throughout the citrus belt. Where
arsenicals are found in groves, samples are taken and sent to the
State Laboratory in Winter Haven for quantitative analysis. A
considerable amount of work of this nature has been done, with the
result that growers and shippers generally are showing more con-
sistent co-operation with the Inspection Department, with respect
to discontinuing the use of arsenicals for the purpose of hastening
the date at which citrus fruits will pass maturity tests.











The Bond and License Law




CHAPTER NO. 17777

Laws of Florida, Acts of 1937



AN ACT Relating to the purchase, handling, sale and accounting of
sales of citrus fruit grown in the State of Florida; to prevent fraud
and deception therein; to provide for the licensing and bonding
of citrus fruit dealers; to prescribe certain powers and duties of
the Commissioner of Agriculture of the State of Florida in the
administration and enforcement of this Act; and to prescribe
penalties for the violations of the provisions of this Act.

Be It Enacted By the Legislature of the State of Florida:

Section 1. That as used in this Act:

(a) The term "person" means and includes individuals, firm,
partnership, association, corporation, and any other business unit.

(b) The term "citrus fruit" means and includes only the fruits
Citrus Grandis, Osbeck, commonly called grapefruit, and/or Citrus
Cinensis, Osbeck, commonly called oranges, and/or Citrus Nobilis
Deliciosa, commonly called tangerines, grown in the State of Florida.

(c) The term "producer" means and includes any person en-
gaged in the business of growing and/or producing citrus fruit.

(d) The term "consignor" means and includes any person other
than a producer who ships or delivers to any commission merchant
or dealer, any citrus fruit for handling, sale or resale.

(e) The term "commission merchant" means and includes any
person engaged in the business of receiving any citrus fruit for sale,
on commission, or for or on behalf of another.

(f) The term "consignment shipper" means and includes any
person who contracts with the producer of citrus fruit for the mar-









keting thereof for the sole account and risk of such producer and
who agrees to pay such producer the net proceeds derived from such
sale.

(g) The term "cash buyer" means and includes any person
who purchases any citrus fruit in Florida from the producer thereof
for the purpose of resale.

(h) The term "broker" means and includes any person engaged
in the business of negotiating the sale or purchase of any citrus fruit.

(i) The term "agent" means and includes any person, who on
behalf of any one citrus fruit dealer, negotiates the consignment or
purchase of any citrus fruit.

(j) The term "dealer" means and includes every person other
than a producer, consignor, commission merchant, consignment ship-
per, cash buyer, broker, or agent who in any manner makes or
attempts to make money or any other thing of value on any citrus
fruit by dealing in the same in any manner whatsoever.

(k) The term "citrus fruit dealer" means and includes every
consignor, commission merchant, consignment shipper, cash buyer,
broker, agent, association, co-operative association, and dealer, as
hereinabove defined.

(1) The term "Commissioner" means the Commissioner of Agri-
culture of the State of Florida.

(m) The term "standard packed box" means one and three-
fifths (1-3/5) bushels of citrus fruit whether in bulk or in container.

(n) The term "shipping season" means and includes that period
of time commencing July 1 of one year and ending June 30 of the
following year.


Section 2. That no person shall act as a citrus fruit dealer
without having obtained a license as provided in this Act. That any
person desiring to engage in the business of citrus fruit dealer in the
State of Florida shall make application to the Commissioner for a
license. The Commissioner may by regulation prescribe the in-
formation to be contained in such application. Upon the filing of
the application, and annually thereafter, the applicant shall pay to
the Commissioner a fee of Ten Dollars except that where any ap-








plicant expects to deal only as an agent, as defined herein, such ap-
plicant shall pay the sum of Five Dollars. All such license fees'
collected hereunder shall be paid by the Commissioner into the State
Treasury monthly to the credit of the General Inspection Fund. Said
fees shall be kept in said General Inspection Fund and are hereby
appropriated and made available for defraying the expenses incurred
in the administration and enforcement of this Act.

Section 3. That before any license is granted by the Commis-
sioner to any person other than an agent as defined in this Act, the
applicant therefore must deliver to the Commissioner a good and
sufficient cash bond or surety bond executed by the applicant as
principal and by a surety company qualified and authorized to do
business in this State as surety, in the amount of Ten Dollars for
each one thousand standard packed boxes of citrus fruit that the said
applicant intends to deal with during the next twelve months, as set
forth in his application, up to and including one million standard
packed boxes of citrus fruit; provided, however, that no bond shall
be less than Five Hundred Dollarst in amount nor greater than Ten
Thousand Dollars in amount. Said bond shall be in the form ap-
proved by the Commissioner and shall be conditioned upon com-
pliance with the provisions of this Act, and upon faithful compliance
with the conditions of all contracts, verbal or written, made by the
citrus fruit dealer with producers relative to the purchase, handling,
sale and accounting of sales of citrus fruit and upon applicant ac-
counting for the proceeds of any citrus fruit contracted for in ac-
cordance with the terms of the contracts with producers. Said bond
shall be to the Commissioner and his successors in office, in favor
of every producer with whom applicant deals in the purchase, hand-
ling, sale and accounting of sales of citrus fruit. The aggregate
accumulated liability under any such bond shall not exceed the
amount named therein. Every such bond shall continue in force and
effect until ninety days after the termination of the shipping season
for which the bond is given. Any producer claiming to be injured or
damaged by any act of said citrus fruit dealer, or the Commissioner
on behalf of all producers contracting with the said citrus fruit
dealer, may maintain an action on said bond against the citrus fruit
dealer and the surety named in said bond, or either of them, and any
judgment against the citrus fruit dealer and/or surety in any such
action shall include costs.

In cases where liability under and by virtue of any bond given
pursuant to the provisions hereof is admitted, without suit, and the
amount or amounts admitted to be due are paid to the Commissioner,
the Commissioner is authorized and directed to ascertain the amount









or amounts due the claimant or claimants who has or have duly filed
a claim or claims under and in connection with such bond prior to
the expiration of ninety days immediately following the end of the
shipping season for which such bond was given, and thereafter the
Commissioner shall make distribution of the amount or amounts so
paid to him under such bond to the extent that the same may reach
in satisfying such claim or claims; provided, however, that where
there are two or more claimants who have duly filed claims within the
time last aforesaid that aggregate an amount in excess of the
amount or amounts held by the Commissioner for distribution, such
claimants shall participate in the proceeds of such funds in the hands
of the Commissioner only on a pro rata basis, and no one of such
claimants shall receive any preference over the others by reason of
having filed his claim prior to the filing of the claims of the others.


Section 4. That it shall be unlawful in, or in connection with,
any transaction relative to the purchase, handling, sale and account-
ing of sales of citrus fruit:


1. For any citrus fruit dealer to make or exact any fraudulent
charge to and/or from any person.


2. For any citrus fruit dealer to reject or fail to deliver in
accordance with the terms of the contract without reasonable cause
any citrus fruit bought or sold or contracted to be bought or sold
by such citrus fruit dealer.


3. For any citrus fruit dealer to discard, dump, or destroy
without reasonable cause any citrus fruit received by such citrus fruit
dealer.

4. For any citrus fruit dealer to make, for a fraudulent pur-
pose, any false or misleading statement concerning the condition,
quality, quantity, or disposition of, or the condition of the market for,
any citrus fruit which is received by such citrus fruit dealer or
bought or sold or contracted to be bought or sold by such citrus fruit
dealer; or the purchase or sale of which is negotiated by such citrus
fruit dealer; or to fail or refuse truly and correctly to account
promptly in respect of any such transaction in any such citrus fruit
to the person with whom such transaction is had.

5. For any citrus fruit dealer to knowingly buy, sell, receive,
process or handle stolen citrus fruit.









Section 5. Whenever an applicant has paid the prescribed fee,
the Commissioner shall issue to such applicant a license which shall
entitle the licensee to do business as a citrus fruit dealer unless and
until it is suspended, or revoked by the Commissioner in accordance
with the provisions of this Act but said license shall automatically
terminate unless the annual fee is paid within thirty days after
notice has been mailed, that payment is due.

Section 6. That if any citrus fruit dealer violates any provisions
of this Act he shall be liable to the person or persons injured thereby
for the full amount of damages sustained in consequence of such
violation. Such liability may be enforced either (1) by complaint
to the Commissioner, as hereinafter provided, or (2) by suit in any
Court of competent jurisdiction; but this Section shall not in any
way abridge or alter the remedies now existing at common law or
by statute, and the provisions of this Act are in addition to such
remedies.

Section 7. That any person complaining of any violation of any
of the provisions of this Act by any citrus fruit dealer during any
shipping season may at any time prior to the expiration of ninety
days immediately following the end of such shipping season apply
to the Commissioner by petition, which shall briefly state the facts,
whereupon, if in the opinion of the Commissioner the facts therein
contained warrant such action, a copy of the complaint thus made
shall be forwarded by the Commissioner to the citrus fruit dealer,
who shall be called upon to satisfy the complaint or to answer it in
writing within a reasonable time to be prescribed by the Commission-
er. After an opportunity for hearing on a complaint the Commis-
sioner shall determine whether or not the citrus fruit dealer has
violated any of the provisions of this Act. If after hearing on a
complaint made by any person under this Section the Commissioner
determines that the citrus fruit dealer has violated any provision of
this Act, he shall, unless the offender has already made reparation
to the person complaining, determine the amount of damage, if any,
to which such person is entitled as a result of such violation and shall
make an order directing the offender to pay to such person complain-
ing such amount on or before the date fixed in the order. If any
citrus fruit dealer does not comply with an order for the payment of
money within the time limited in such order, the complainant, or
any person for whose benefit such order was made, may, within ninety
(90) days from the date of the order file in any Court of competent
jurisdiction a petition or declaration, setting forth briefly the causes
for which he claims damages and the order of the Commissioner in
the premises. Such suit in such Court shall proceed in all respects










like over civil suits for damages, except that the findings and order
of the Commissioner shall be prima facie evidence of the facts therein
stated, and the petitioner or plaintiff shall not be liable for costs in
such Court nor for costs in any subsequent stage of the proceedings
unless they accrue upon his appeal. If the petitioner or plaintiff
finally prevails he shall be allowed a reasonable attorney's fee to be
taxed and collected as a part of the costs of the suit.

Section 8. That whenever the Commissioner determined that any
citrus fruit dealer has violated any of the provisions of this Act or
has violated any of the provisions of any other law of the State of
Florida governing and applicable to citrus fruit dealers as herein
defined, he may publish the facts and circumstances of such violation
and/or, by order, suspend the license of such offender for a specific
period, or revoke the same or make such other appropriate order as
he may deem just and proper, and any such order shall specify the
effective date thereof and any order other than one suspending or
revoking a license shall automatically suspend such license until said
order is complied with. That any action of the Commissioner with
reference to the revocation or suspension of any license granted
under the provisions of this Act may be reviewed by any Court of
competent jurisdiction.

Section 9. That every citrus fruit dealer shall make and keep a
correct record showing in detail the following with reference to the
purchase, handling, sale and accounting of sale of citrus fruit handled
by him, namely:

(a) The name and address of the producers or other persons
from whom the citrus fruit was procured, and if same was pro-
cured from some person other than a licensed handler, the name and
address of the producer of said fruit.

(b) The date citrus fruit is received and the amount thereof,
and the purchase price paid therefore if purchased for the purpose
of resale.

(c) The condition of such citrus fruit upon receipt by the citrus
fruit dealer.

(d) If the citrus fruit is handled on consignment for the ac-
count of the producer, the date of sale and the selling price.

(e) An itemized statement of the charges to be paid by the
producer in connection with any sale.










(f) A detailed statement of all claims made by producers
against the citrus fruit dealer, a copy of each when received to be
certified to and filed with the Commissioner.


(g) A copy of the record and account of sales of citrus fruit
handled on consignment and/or commission shall be delivered to the
producer upon the consummation of the sale, together with all mon-
eys received by the citrus fruit dealer in payment for such transaction
made upon account of the producer, less the agreed commission and
other charges which must be separately itemized, and said payment
and accounting must be made by said citrus fruit dealer to the pro-
ducer within fifteen days after said citrus fruit dealer receives the
money in payment of said citrus fruit unless otherwise specified in
contract between citrus fruit dealers and producer.


Section 10. That in the investigation of complaints under this
Act the Commissioner, or his duly authorized agents, shall have the
right to inspect such accounts, records and memoranda of any citrus
fruit dealer as may be required for the determination of any such
complaint. If any such citrus fruit dealer refuses to permit such
inspection, the Commissioner may publish the facts and circum-
stances and/or by order suspend the license of the offender until
permission to make such inspection is given.


Section 11. That the Commissioner, or any officer or employee
designated by him for such purpose, may hold hearings, sign and
issue subpoenas, administer oaths, examine witnesses, receive evi-
dence and require by subpoena the attendance and testimony of
witnesses and the production of such accounts, records and memo-
randa as may be material for the determination of any complaint un-
der this Act. In case of disobedience to a subpoena the Commissioner,
or any of his officers or employees, may invoke the aid of any Court
of competent jurisdiction in requiring the attendance and testimony
of witnesses and the production of accounts, records and memor-
anda, and any such Court may, in case of contumacy or refusal to
obey a subpoena issued to any person, issue an order requiring the
person to appear before the Commissioner, or his officer or employee,
or to produce accounts, records and memranda as so ordered, or to
give evidence touching any matter pertinent to any complaint, and
any failure to obey such order of the Court shall be punished by
the Court as a contempt thereof.

Section 12. That the Commissioner may make such rules, reg-
ulations and orders as may be necessary to carry out the provisions









of this Act and may co-operate with any department or agency of the
United States Government.

Section 13. That any person who acts as a citrus fruit dealer as
defined in this Act without a license, or, having a license, vio-
lates, or aids in the violation of any provision of this Act, or any
person who represents himself as a citrus fruit dealer, but who is not
a citrus fruit dealer as defined in this Act, shall for each and every
offense be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not exceeding 81000 or by imprisonment in
the county jail for not more than six months or by both such fine and
imprisonment in the discretion of the Court. Civil suits and criminal
prosecutions arising by virtue of any of the provisions of this Act
may be instituted in the county where the said citrus fruit was re-
ceived by the citrus fruit dealer, or in the county in which the prin-
cipal place of business of such citrus fruit dealer is located within the
State of Florida, or within the county in which the violation of this
Act occurred, or if such violation occurs in more than one county, then
within any county in which such violation of this Act occurred


Section 14. That the several Circuit Courts of the State of Flor-
ida, sitting in Chancery, are hereby vested with jurisdiction specifical-
ly to enforce, and to enjoin and restrain any citrus fruit dealer from
violating, the provisions of this Act, or of any rule, regulation or
order made by the Commissioner pursuant to this Act, in any pro-
ceeding brought by the Commissioner in any of said Circuit Courts;
and in any such proceeding it shall not be necessary for the Com-
missioner to allege or prove that an adequate remedy at law does
not exist.

Section 15. That it shall be the duty of each state and/or
county law enforcement officer to make arrests for violations of this
Act when notified of such violation by the Commissioner of Agri-
culture, or his authorized agent, inspector or representative.

Section 16. That this Act shall be liberally construed, and -f
any part or portion thereof be declared invalid, or the application
thereof to any person, circumstance or thing is declared invalid, the
validity of the remainder of this Act and/or the applicability thereof
to any other person, circumstance or thing shall not be affected there-
by and it is the intention of the Legislature to preserve any and all
parts of said Act if possible.

Section 17. That all laws or parts of laws in conflict here-
with be and the same are hereby repealed.










Section 18. That this Act shall take effect immediately upon its
passage and approval by the Governor, or upon becoming a law with-
out such approval.

Approved by the Governor May 4, 1937.

Filed in Office Secretary of State May 4, 1937.








RULES AND REGULATIONS FOR THE

ENFORCEMENT OF THE CITRUS LICENSING

AND BONDING LAW

CHAPTER NO. 17777

Laws of Florida, Acts of 1937



1. Application for license to deal in citrus fruits shall be made
in writing on forms provided by the Commissioner and shall con-
tain all information requested thereon.

FORM OF APPLICATION

APPLICATION FOR CITRUS FRUIT DEALER'S LICENSE

D ate..........................

Hon. Nathan Mayo,
Commissioner of Agriculture,
Winter Haven, Florida.

Sir:

I hereby make application for license as Citrus Fruit Dealer as
required in Chapter 17777, Laws of Florida, Acts of 1937.
N am e of firm or person ........................................
L location .......................................................

M ail A address ..................................................
The kind of business I expect to engage in .....................
(Consignor, Commission Merchant, Consignment Shipper, Cash
Buyer, Broker, Agent, Association, Co-operative Association, or
Dealer.)

(An Agent can negotiate the purchase or consignment of citrus fruit
for one dealer only)

Estimated number of boxes of Citrus Fruit I expect to deal in during
the next twelve m months ........................................

51










Amount of Bond delivered with this application $ ...............
(Minimum Amount of bond $500.00)

Name of Bonding Company ....................................

(Bonding Company must be qualified and authorized to do business
in the State of Florida.)

1 enclose check for S.............. ($10.00 for Citrus Fruit Dealer,

$5.00 for Agent.)

Authority is requested for the following officers and employees of this
firm to negotiate the purchase or consignment of citrus fruit.

N am e ................... ............. Title ....................

Nam e ................. ............... Title ....................

N am e ................... ........... Title ....................

Name ................................ Title ....................

Name ................................ Title ....................

Signed ..............................



(Note: Bonds must be to the Commissioner of Agriculture of Florida
and his successors in office, in favor of every person with whom
applicant deals in the purchase, handling, sale and accounting of
sales of citrus fruit. Cash bond may be furnished in lieu of Surety
Bond.)

2. Surety Bonds.

(a) Bonds posted as surety for a citrus fruit dealer's license
shall be executed by a surety company qualified and authorized to
do business in the State of Florida in the following form:

FORM OF BOND

CITRUS FRUIT DEALER'S BOND

STATE OF FLORIDA,

COUNTY OF

KNOW ALL MEN BY THESE PRESENTS: That we ..........

........ of .............. ., as principal and .................

52









of ................, as surety, are held and firmly bound unto the
Commissioner of Agriculture of the State of Florida, and his succes-
sors in office, for the use of benefit of every person establishing legal
rights hereunder, in the full and just sum of ....................
dollars, to the payment of which well and truly to be made, we hereby
bind ourselves, our heirs, administrators, executors, successors and
assigns, firmly by these presents.

Signed, sealed and dated this ........ day of ................

193 ...., in the city of ......................, Florida.

WHEREAS, by Chapter 17777, Laws of Florida, Acts of 1937,
approved May 4, 1937, certain dealers in citrus fruit are required to
obtain a license from the Commissioner of Agriculture of the State
of Florida and to give bond in such form and amount as will be ap-
proved by the Commissioner, conditioned upon a full compliance
with the provisions of the said Act.

NOW, therefore, the conditions of this obligation are such that
i, the above named principal shall well and truly comply with the
provisions of this Act, and with the conditions of all contracts, verbal
or written, made by the said principal with producers relative to the
purchase, handling, sale and accounting of sales of citrus fruit, and
fully accounts for the proceeds of any citrus fruit contracted for, in
accordance with the terms of the contracts with producers, then this
obligation to be void, otherwise to remain in full force and effect,
provided however:

The aggregate accumulated liability under this bond shall in no
event exceed the penal sum named herein, for any and all claims
which may be established during the term hereof.

Liability under this bond shall terminate ninety days after the
termination of the shipping season for which the bond is given.

Liability under this bond may be terminated by giving written
notice by registered mail, to the Commissioner of Agriculture at
least thirty days prior to date termination of liability is effective.

In the presence of:

..... .................... ........................... (SEAL)
Principal
.... ................... ........................... ( SEAL)
Surety










(b) A new bond shall be executed and posted for each and every
shipping season for which license is applied for.

(c) The cancellation of any citrus fruit dealer's bond by the
surety company shall automatically revoke that dealer's license unless
a new bond is posted before effective date of cancellation.

(d) When the number of boxes of citrus fruit dealt in by any
citrus fruit dealer at any time during a current season exceeds the
number of boxes anticipated in his application for license and on
which the amount of his bond was based additional bond shall be
posted in sufficient amount to cover the entire season's operations
and the full amount of the bond shall carry the same term as the
first bond.

(e) Failure to furnish additional bond when notified by the
Commissioner that additional bond is required shall be sufficient
cause for suspending the license of any citrus fruit dealer.

3. Any claim or complaint against a citrus fruit dealer for
violation of any condition of a contract, verbal or written, entered
into with a producer relative to the purchase, handling, sale, and
accounting of sales of citrus fruit, or any of the provisions of the
Act, shall be made in writing to the Commissioner or his authorized
agent. The Commissioner at his discretion may require complaints
to be made under oath.

4. All records and information required of a citrus fruit dealer
by Section 9 of this Act shall, on demand of the Commissioner or his
Agent, be presented for inspection. Failure of any citrus fruit deal-
er to keep records as required by Section 9 of this Act or to present
them on demand of the Commissioner or his Agent, shall be sufficient
cause for suspending the dealer's license.

5. The above and foregoing rules and regulations are hereby
adopted by authority of Section 12 of Chapter 17777, Laws of Florida',
Acts of 1937, and are subject to alteration or amendment at any
time without previous notice.

NATHAN MAYO,

Commissioner of Agriculture.

Tallahassee, Florida

July 1st, 1937.











License and Bond Division




There were 438 citrus fruit dealers' licenses and 2 Agents licenses
issued for the 1936-37 season. Of this number there were 82 who
posted cash bonds and 358 who posted surety bonds in various
amounts from $100.00 to 85000.00, the total amount of bonds posted
for the protection of growers being approximately half a million
dollars.

In addition to all the shippers listed in the record of shipments
section of this report license to deal in citrus fruits were issued to
the following:


Name of Firm


Location


Note


American Fruit Growers, Inc. Orlando
Apte Brothers Tampa
Askew-Davis Company, Inc. Auburndale
Atlantic Commission Co., Inc. Plant City
Booth, L. B. & Company Largo
Bordo Products Company Winter Haven
Bruce's Juices, Inc. Tampa
Burch, R. W., Inc. Plant City
Burke, F. E. Co. Ocoee
California Packing Corp., Fla. Division Tampa
Central Florida Canners Wauchula
Citrus Concentrates, Inc. Dunedin
Citrus Grove Development Co. Babson Park
Creel-Way Winter Haven
Dillard, Albert N. Clearwater
Duz-Pak Corporation Orlando
Eckerson Fruit Canners, Inc. Sanford
Evans Products Company Winter Haven
F. & M. Packing Company Brooksville
Florida Citrus Canners Co-operative Lake Wales
Florida Citrus Exchange Tampa
Florida Fruit Canners, Inc. Frostproof
Floridagold Citrus Corporation Lake Alfred
Florida Fruit Company Ft. Meade
Florida Grapefruit Canning, Co., Inc. Manatee
Floriorange Canneries, Inc. Mt. Dora


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Canrpn











Name of Firm


Fowler, H. W.
Frenchy's Fruit Store
Garner's Indian River Fruit Co.
General Fruit Products of Fla., Inc.
Givens, M. H.
Grapefruit Products Company
Griffin, E. F.
Hills Bros. Company of Florida
Holloway Canning Company, Inc.
Huntley & Roberts
Indian River Groves
Laco Sales Company
Lake Garfield Nurseries Company
Lakeland Highland Canning Co., Inc.
Lee & Edwards
Lee, L. C., Jr.
Lewis & Flora
McCawley, Joe B.
Manatee Cannery, Inc.
Mendenhall, A.
Meyer, Art
Moses, G. M.
National Fruit & Vegetable Exchange
Noling and Church, Inc.
Palmetto Canning Company
Peace River Packing Co., Inc.
O. H. Perrin Fruit Co.
Pickard, A. F.
Pierce, Edward G.
Polk Company, The
Porter Brothers
Poultryman's Market
Roberts Bros., Inc.
Robinson, E. W., d/b/a The Fruit
Basket
Rogers, R. W.
Rose Caretakers Association, Inc.
Sanborn, W. H.
Shallow, Sam'l J. Co.
Shaver, H. A., Inc.
Staples, S. E.
Steinberg, Morris


Arcadia
Miami
West Palm Beach
Bradenton
Eustis
Leesburg
Bartow
Tampa
Ft. Pierce
Winter Haven
Ft. Pierce
Leesburg
Bartow
Highland City
Tampa
Brooksville
Tampa
Kissimmee
Plant City
Tampa
Lakeland
Narcoosee
Orlando
Howey-In-The-Hills
Palmetto
Ft. Meade
Ar ington, Mass.
Lakeland
Bartow
Haines City
Orlando
Orlando
Winter Haven

Orlando
Orlando
Orlando
Orlando
Winter Haven
Lakeland
Tampa
Orlando


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Agent

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Note


Location










Name of Firm


Stevenson, Fred
Stokely Bros. & Co., Inc.
Stosberg, R. C.
Sulphur Springs Packing House
Sun Dine Co., Inc.
Thomas, Elmo
Tree Ripened Orange Juice Corp.
Vaughn, Frank
Vissering, Norman H.
Welch, J. W. Co., Inc.
Wesco Foods Company
Wheeler Fertilizer Company
Whitefield Citrus Products Corp., Fla.
Witz, S. A.


Palmetto
Tampa
Clermont
Sulphur Springs
Florence Villa
Manatee
Ft. Pierce
Winter Haven
Lake Wales
Eustis
Lakeland
Oviedo
Bradenton
Cocoa


Seventy-five complaints were filed by producers against citrus
fruit dealers under this act and approximately $12,000.00 collected for
producers by the license and bond division.


A large majority of these complaints were settled to the satis-
faction of all concerned without the necessity of holding a formal
hearing as provided by law. However, there were seven formal
hearings held at the offices of the Citrus Inspection Bureau in Winter
Haven in the following cases:


Blue Ribbon Groves vs. Southern Fruit
Distributors, Inc.

Rehearing on above case

A. E. Pickard vs. The Pennaflora Company

W. B. Gentry vs. Mid-State Distributors, Inc.

J. E. Crosswy and Otto Lestina vs. Bartow Pkg. Co.

A. G. Rosell vs. R. J. Head

E. C. Futch vs. Pasco Fruit Company, Inc.


Sept. 17, 1:;36

Oct. 5, 1936

Oct. 1, 1936

Jan. 20, 1937

Feb. 1, 1937

Apr. 19, 1937

Mar. 23, 1937


In all of these cases the order of the Commissioner was promptly
complied with by the dealer involved.


Agent
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Location


Note










Bonds of the following dealers have been collected and dis-
tributed to growers having claims against them:

Bond of Kind of Bond Amt. Col'ct'd

Truckers Supply Company Cash $ 100.00
Lake Fruit Company Cash 273.50
L. M. Godwin, Inc. Surety 1000.00
Highland Cit. Gro. Assn. Surety 774.59
Bartow Packing Company Cash 100.00
J. A. Carver & Company Surety 1000.00
Earl Hunter, Inc. Cash 100.00

Total amount collected from bonds .................. $3348.09










CHAPTER NO. 17784

Laws of Florida, Acts of 1937


AN ACT providing that the Commissioner of Agriculture of the State
of Florida shall submit to the Budget Commission of the State of
Florida a statement of the number of employees of the Citrus In-
spection Bureau and to make it necessary for the Budget Com-
mission of the State of Florida to approve the same before the
Comptroller of the State of Florida is authorized to draw warrants
to pay said employees.

Be It Enacted By The Legislature of the State of Florida:

Section 1. The Commissioner of Agriculture of the State of
Florida shall, on the first day of September of each and every year
and from month to month thereafter during the season in which
citrus fruits are inspected, submit to the Budget Commission of the
State of Florida a statement of the number and classification of all
employees employed or necessary, in his judgment, to be employed
by the Citrus Inspection Bureau for the proper enforcement of the
laws requiring the inspection of citrus fruits.

Section 2. The Budget Commission of the State of Florida shall,
upon receipt of the statement described in Section 1 of this Act,
certify their approval of so many of the employees in the said state-
ment as they may approve as being necessary for the proper func-
tioning of said Citrus Inspection Bureau, to the Comptroller of the
State of Florida, who shall, upon receipt thereof, be authorized to
make such warrants as are necessary to pay the salaries of the
number of employees shown to be approved by said Budget Com-
mission; and the Comptroller of the State of Florida is hereby pro-
hibited from drawing warrants to pay any employee or employees
not shown to be approved by the Budget Commission in the certified
statement heretofore described in this Act.

Section 3. All laws and parts of laws in conflict herewith are
hereby repealed.

Section 4. This Act shall become a law immediately upon its
passage and approval by the Governor or upon its becoming a law
without such approval.

Approved by the Governor May 22, 1937.

Filed in Office Secretary of State May 24, 1937.










Grapefruit Advertising Law




CHAPTER NO. 17780

Laws of Florida, Acts of 1937




AN ACT to conserve and promote the prosperity and welfare of the
Florida citrus industry and of the State of Florida by promoting
the sale of grapefruit produced in Florida through the conducting
of a publicity, advertising and sales promotion campaign to increase
the consumption of such grapefruit; to levy and impose an excise
tax on grapefruit produced in Florida and to provide for the col-
lection thereof; to create a grapefruit advertising fund; to vest the
administration of this Act in the Florida Citrus Commission and
to provide for the powers, duties and authority of said Commis-
sion hereunder; to create an advisory committee of grapefruit
canners; to provide for their appointment, qualifications and terms
of office; and to provide penalties for violations of this Act.

Be It Enacted By the Legislature of the State of Florida:

Section 1. That prior to June 8, 1935, economic waste was being
fostered in the citrus industry of the State of Florida by the la'k
of proper advertising and dissemination of information necessary
for the development and promotion of the sale of grapefruit grown
in the State of Florida; that such unnecessary and unreasonable
waste created chaotic economic conditions in the citrus industry of
the State of Florida of such severity as to imperil the ability of
producers of grapefruit to contribute in appropriate amounts to the
support of the ordinary governmental and educational functions, thus
tending to increase and increasing the tax burdens of other citizens
for the same purposes; that in the interest of public welfare and gen-
eral prosperity of the State of Florida said avoidable and unneces-
sary loss has been largely eliminated by the passage of Chapter
16857, Laws of Florida, Acts of 1935, which became a law on June
8, 1935, and that in the interest of public welfare and general pros-
perity of the State of Florida this avoidable and unnecessary loss
can be further eliminated by continuing the policy of the aforesaid
law, thereby acquainting the general public with the health giving









qualities and the food and/or dietetic value of the different grades of
grapefruit grown in the State of Florida.

Section 2. That because the citrus fruit grown in Florida com-
prises the major agricultural crop of Florida and the business of
expanding markets and increasing consumption of grapefruit is of
public interest and because this Act is designed to promote the gen-
eral welfare of the Florida citrus industry, which in turn will pro-
mote the general welfare of the State of Florida, this Act is passed.

Section 3. That as used in this Act:

1. The term "Commission" means the Florida Citrus Com-
mission.

2. The term "person" means individual, partnership, corpora-
t'on, association and/or any other business unit.

3. The term "grapefruit" means and includes only the fruit
Citrus Grandis, Osbeck, commonly called grapefruit, grown in the
State of Florida.

4. "Shipment" of grapefruit shall be deemed to take place when
the grapefruit is loaded, within the State of Florida, in the car,
boat, truck or other conveyance in which the grapefruit is to be
transported for sale or otherwise.

5. The term "dealer" means and includes any person engaged
in the business of buying, receiving or selling grapefruit for profit
or remuneration.

6. The term "handler" means and includes any person handling
grapefruit in the primary channel of trade.

7. Grapefruit shall be deemed to be delivered into the primary
channel of trade when any such grapefruit is sold, or delivered for
shipment, or delivered for canning and/or processing into by-products.

8. The term "standard packed box" means 1-3/5 bushels of
grapefruit whether in bulk or in containers.

Section 4. That the administration of this Act shall be vested
in the Florida Citrus Commission which shall prescribe suitable and
reasonable rules and regulations for the enforcement of the pro-









visions thereof, and shall administer the taxes levied and imposed by
this Act. Said Commission shall have power to cause its duly
authorized agent or representative to enter upon the premises of any
handler of citrus fruits and to examine or cause to be examined by
any such agent or representative any books, papers, records or
memoranda bearing on the amount of taxes payable and to secure
other information directly or indirectly concerned in the enforcement
of this Act. Any person required to pay the taxes levied and im-
posed by this Act who shall by any practice or evasion make it
difficult to enforce the provisions of this Act by inspection, or any
person who shall after demand by the Commission, or any agent or
representative designated by it for that purpose, refuse to allow
full inspection of the premises or any part thereof or any books,
records, documents or other instruments in any way relating' to the
liability of the taxpayer for the tax herein imposed or shall hinder
or in any wise delay or prevent such inspection, shall be guilty of a
misdemeanor and upon conviction shall be punished accordingly.


Section 5. That the Commission shall plan and conduct a cam-
paign for commodity advertising, publicity and sales promotion to
increase the consumption of grapefruit and may contract for any
advertising, publicity and sales promotion service. To accomplish
such purpose the Commission shall have power and it shall be the
duty of the Commission to disseminate information:

(a) Relating to grapefruit and the importance thereof in pre-
serving the public health, the economy thereof in the diet of the
people and the importance thereof in the nutrition of children;

(b) Relating to the manner, method and means used and em-
ployed in the production and marketing of grapefruit and to laws
of the State regulating and safe-guarding such production and
marketing;

(c) Relating to the added cost to the producer and dealer in
producing and handling grapefruit to meet the high standards im-
posed by the State that insure a pure and wholesome product;

(d) Relating to the effect upon the public health which would
result from a break-down of the Florida citrus industry and/or the
Florida grapefruit industry;

(e) Relating to the reasons why producers and dealers should
receive a reasonable return on their labor and investment;










(f) Relating to the problem of furnishing the consumer at all
times with an abundant supply of fine quality grapefruit at reason-
able prices;


(g) Relating to factors of instability peculiar to the citrus fruit
industry in general and the grapefruit industry in particular, such
as unbalanced production, effect of the weather, influence of con-
sumer purchasing power and price relative to the cost of other items
of food in the normal diet of people, all to the end that an intelli-
gent and increasing consumer demand may be created;

(h) Relating to the possibilities with particular reference to
increased consumption of grapefruit;

(i) Relating to such other, further and additional information
as shall tend to promote increased consumption of grapefruit and as
may foster a better understanding and more efficient co-operation be-
tween producers, dealers and the consuming public;

(j) To decide upon some distinctive and suggestive trade name
and to promote its use in all ways to advertise Florida citrus fruit.

Section 6. That there is hereby levied and imposed an excise
tax of three cents on each standard packed box of grapefruit grown
in the State of Florida.

Section 7. That, in the event any handler or handlers shall
purchase, acquire or handle grapefruit on a tonnage or weight basis.
rather than under the standard packed box basis, one ton shall be
considered equal to or the equivalent of twenty-five standard packed
boxes for tax purposes.

Section 8. That every handler shall keep a complete and ac-
curate record of all grapefruit handled by him. Such record shall be
in such form and contain such other information as the Commission
shall by rule or regulation prescribe. Such records shall be pre-
served by such handlers for a period of one year and shall be offered
for inspection at any time upon oral or written demand by the Com-
mission or its duly authorized agents or representatives.

Section 9. That every handler shall at such times as the Com-
mission may by rule or regulation require file with the Commissioner
a return under oath on forms to be prescribed and furnished by the
Commission, stating the number of standard packed boxes of grape-










fruit handled by such handler in the primary channel of trade during
the period or periods of time prescribed by the Commission. Such
returns shall contain such further information as the Commission
may require.

Section 10. That all taxes levied and imposed under and pur-
suant to the provisions of this Act shall be due and payable and shall
be paid when the grapefruit covered by this Act is first handled in
the primary channel of trade. All such taxes shall be paid to the
Commission by the person first handling the grapefruit covered by
this Act in the primary channel of trade, except that all taxes on
grapefruit delivered or sold for canning or processing in the State
of Florida shall be paid to the Commission by the person so canning
or processing such grapefruit. The payment of such taxes shall be
evidenced by stamps to be known and designated as "Grapefruit
Advertising Stamps," with the amount paid for such stamps ir-
dicated thereon, which stamps shall in every instance be affixed to
the grade certificate or certificates showing the grade of the grape-
fruit covered thereby, when such grapefruit is required by law to
be inspected for grade and certification thereof, and in all other
cases such stamps shall be affixed to the returns provided for in
Section 9 hereof. The Comptroller of the State of Florida snoll
cause to be prepared and delivered to the Commission suitable staml-p
denoting the taxes hereunder levied. The Commission shall cause
such stamps to be distributed for payment of the taxes prescribed in
this Act and shall prescribe such method for the affixing and can-
cellation of said stamps as shall be necessary to carry out and comply
with the intent and purpose of this Act.

Section 11. That all taxes levied and collected under the pro-
visions of this Act shall be paid into the State Treasury on or before
the 15th day of each month. Such moneys shall be kept in a special
fund to be known as the "Grapefruit Advertising Fund" which is
hereby created, and all moneys coming into said special fund are
hereby appropriated and made available for defraying the expenses
of the administration and enforcement of this Act. All money levied
and collected under this Act over and above the necessary administra-
tive expense as provided for in this Act shall be spent exclusively
for the advertising of grapefruit as herein provided. Provided f':-
ther that all money collected under this Act on taxes levied against
grapefruit that is canned or processed, over and above a fair prorata
proportion of the necessary administrative expenses as provided for
in this Act, shall be spent exclusively for the advertising of grape-
fruit so canned or processed. Provided further that in cases where
grapefruit is advertised jointly with tangerines, oranges, or both









such tangerines and oranges, the Grapefruit Advertising Fund shall
only bear its prorata share of such joint advertising. All taxes levied
hereunder and collected through sale of said stamps by the Com-
mission shall be paid to the Comptroller of the State of Florida for
payment into said Grapefruit Advertising Fund. Funds expended
under this Act for advertising shall be expended through an establish-
ed advertising agency within the State of Florida.


Section 12. That in expending all money collected under this
Act for the advertising of grapefruit that is canned or processed
the Commission shall advise and consult with the Advisory Com-
mittee of Grapefruit Canners, which is hereby created, the same to
consist of five members, all of whom must be canners of grapefruit
of at least five years experience and who devote the major portion of
their time to the grapefruit canning industry. The members of said
Advisory Committee of Grapefruit Canners shall be appointed by
the Governor and their respective terms of office shall be for two
years each, provided, however, that the terms of two of the first five
members appointed shall be for one year only. The Commission shall
monthly, not later than the tenth day of each calendar month, furnish
to the members of the Advisory Committee of Grapefruit Canners
a statement of receipts and disbursements on account of taxes col-
lected under this Act.


Section 13. That all costs, expenses and obligations incurred un-
der the provisions of this Act shall be paid out of the Grapefruit
Advertising Fund upon warrant of the Comptroller when vouchers
therefore are exhibited, approved by the Commission.


Section 14. That the provisions of this Act shall not apply to
grapefruit consumed for domestic purposes on the premises where
produced.

Section 15. That any handler who fails to file a return or to
pay any tax within the time required by or pursuant to this Act shall
thereby forfeit to the State a penalty of five per centum of the
amount of tax determined to be due, as provided in this Act, plus
one per centum of such amount for each month of delay or fraction
thereof after the expiration of the first month after such return was
required to be filed or such tax became due; but the Commission, if
satisfied that the delay was excusable, may remit all or any part of
such penalty. Such penalty shall be paid to the Comptroller and dis-
posed of as provided with respect to moneys derived from the taxes
levied and imposed by this Act.









Section 16. That no common carrier, or other carrier, or per-
son, shall accept for shipment or ship or transport any grapefruit
where stamps evidencing the payment of the taxes levied and im-
posed hereunder are not affixed to the grade certificate mentioned
and referred to in Section 10 hereof.


Section 17. That the powers and duties of the Commission shall
include the following:

1. To adopt and from time to time alter, rescind, modify and/or
amend all proper and necessary rules, regulations and orders for
the exercise of its powers and the performance of its duties under
this Act.

2. To employ and at its pleasure discharge an advertising man-
ager, agents, advertising agencies and such clerical and other help
as it deems necessary and to outline their powers and duties and fix
their compensation.

3. To make in the name of the Commission such advertising
contracts and other agreements as may be necessary.

4. To keep books, records and accounts of all its doings, which
books, records and accounts shall be open to inspection and audit by
the State Auditor at all times.

5. To purchase or authorize the purchase of all office equipment
and supplies and to incur all other reasonable and necessary expenses
and obligations in connection with and required for the proper car-
rying out of the provisions of this Act.

6. To investigate and cause prosecution to be instituted for
violations, of the provisions of this Act.


Section 18. That any person who shall violate or aid in the
violation of any of the provisions of this Act, upon conviction thereof
shall be punished by a fine of not more than Five Hundred Dollars or
imprisonment for a period not to exceed ninety days or by both such
fine and imprisonment in the discretion of the Court, and all fines
collected for violation of this Act shall be paid into the Grapefruit
Advertising Fund.

Section 19. That this Act shall be liberally construed, and if any
part or portion thereof be declared invalid, or the application thereof










t, any person, circumstance or thing is declared invalid, the validity
of the remainder of this Act and/or the applicability thereof to any
other person, circumstance or thing shall not be affected thereby, and
it is the intention of the Legislature to preserve any and all parts of
said Act if possible.

Section 20. That all laws or parts of laws in conflict herewith
be and the same are hereby repealed.

Section 21. That this Act shall take effect immediately upon its
passage and approval by the Governor or upon its becoming a law
without such approval.

Approved by the Governor May 3, 1937.

Filed in Office Secretary of State May 4, 1937.











Orange Advertising Law




CHAPTER NO. 16856

Laws of Florida, Acts of 1935

As Amended by

CHAPTER NO. 17781

Laws of Florida, Acts of 1937



AN ACT to amend Sections 6, 9 and 17 of Chapter 16356, Laws of
Florida, Acts of 1935, entitled "An Act to conserve and promote
the prosperity and welfare of the Florida Citrus Industry and of
the State of Florida by promoting the sale of oranges produced in
Florida through the conducting of a publicity advertising and sales
promotion campaign to increase the consumption of such oranges;
to levy and impose an excise tax on oranges produced in Florida
and to provide for the collection thereof; to create an Orange Ad-
vertising Fund; to vest the administration of this Act in the Flor-
ida Citrus Commission and to provide for the powers, duties and
authority of said Commission hereunder; and to provide penalties
for violations of this Act."

Be It Enacted by the Legislature of the State of Florida:

Section 1. That economic waste is being fostered in the citrus
industry of the State of Florida by the lack of proper advertising
and dissemination of information necessary for the development and
promotion of the sale of oranges, grown in the State of Florida;
that such unnecessary and unreasonable waste is creating chaotic
economic conditions in the citrus industry of the State of Florida
of such severity as to imperil the ability of producers of oranges to
contribute in appropriate amounts to the support of the ordinary
governmental and educational functions, thus tending to increase and
increasing the tax burdens of other citizens for the same purposes;
that in the interest of public welfare and general prosperity of the
State of Florida this avoidable and unnecessary loss can and should










be eliminated by acquainting the general public with the health-
giving qualities and the food and/or dietetic value of the different
grades of oranges grown in the State of Florida.


Section 2. That because the citrus fruit grown in Florida com-
prises the major agricultural crop of Florida and the business of
expanding markets and increasing consumption of oranges is of
public interest and because this Act is designed to promote the
geneiical welfare of the Florida citrus industry, which in turn will
promote the general welfare of the State of Florida, this Act is
passed.


Section 3. That as used in this Act:


1. The term "Commission" means the Florida Citrus Commis-
sion.


2. The term "person" means individual, partnership, corporation,
association and/or any other business unit.


3. The term "oranges" means and includes only the fruit Cit-
rus Sinensis, Osbeck, commonly called oranges, grown in the State
of Florida.

4. "Shipment" of oranges shall be deemed to take place when
the oranges are loaded, within the State of Florida, in the car, boat,
truck or other conveyance in which the oranges are to be trans-
ported for sale or otherwise.

5. The term "dealer" means and includes any person engaged
in the business of buying, receiving or selling oranges for profit or
remuneration.

6. The term "handler" means and includes any person handling
oranges in the primary channel of trade.

7. Oranges shall be deemed to be delivered into the primary
channel of trade when any such oranges are sold, or delivered for
shipment, or delivered for canning and/or processing into by-pro-
ducts.

8. The term "standard packed box" means 1-3/5 bushels of
oranges whether in bulk or in containers.









Section 4. That the administration of this Act shall be vested
in the Florida Citrus Commission which shall prescribe suitable and
reasonable rules and regulations for the enforcement of the pro-
visions thereof and shall administer the taxes levied and imposed
by this Act. Said Commission shall have power to cause its duly
authorized agent or representative to enter upon the premises of
any handler of citrus fruits and to examine or cause to be examined
by any such agent or representative any books, papers, records or
memoranda bearing on the amount of taxes payable and to secure
other information directly or indirectly concerned in the enforcement
of this Act. Any person required to pay the taxes levied and im-
posed by this Act who shall by any practice or evasion make it diffi-
cult to enforce the provisions of this Act by inspection, or any person
who shall after demand by the Commission, or any agent or repre-
sentative designated by it for that purpose, refuse to allow full
inspection of the premises or any part thereof or any books, records,
documents or other instruments in any way relating to the liability
of the tax payer for the tax herein imposed or shall hinder or in
any wise delay or prevent such inspection, shall be guilty of a
misdemeanor and upon conviction shall be punished accordingly.

Section 5. That the Commission shall plan and conduct a cam-
paign for commodity advertising, publicity and sales promotion to
increase the consumption of oranges and may contract for any
advertising, publicity and sales promotion service. To accomplish
such purposes the Commission shall have power and it shall be the
duty of the Commission to disseminate information:

(a) Relating to oranges and the importance thereof in pre-
serving the public health, the economy thereof in the diet of the
people and the importance thereof in the nutrition of children;

(b) Relating to the manner, method and means used and em-
ployed in the production and marketing of oranges and to laws of
the State regulating and safeguarding such production and mar-
keting;

(c) Relating to the added cost to the producer and dealer in
producing and handling oranges to meet the high standards im-
posed by the State that insure a pure and wholesome product;

(d) Relating to the effect upon the public health which would
result from a break-down of the Florida citrus industry and/or the
Florida orange industry.










(e) Relating to the reasons why producers and dealers should
receive a reasonable return on their labor and investment.

(f) Relating to the problem of furnishing the consumer at all
times with an abundant supply of fine quality oranges at reasonable
prices;

(g) Relating to factors of instability peculiar to the citrus fruit
industry in general and the orange industry in particular, such as
unbalanced production, effect of the weather, influence of consumer
purchasing power and price relative to the cost of other items
of food in the normal diet of people, all to the end that an intelli-
gent and increasing consumer demand may be created;

(h) Relating to the possibilities with particular reference to
increased consumption of oranges.

(i) Relating to such other, further and additional information
as shall tend to promote increased consumption of oranges and as
may foster a better understanding and more efficient co-operation
between producers, dealers and the consuming public.

Section 6. That there is hereby levied and imposed an excise
tax of one cent on each standard packed box of oranges grown
in the State of Florida.

Section 7. That every handler shall keep a complete and ac-
curate record of all oranges handled by him. Such records shall
be in such form and contain such other information as the Com-
mission shall by rule or regulation prescribe. Such records shall
be preserved by such handlers for a period of one year and shall
be offered for inspection at any time upon oral or written demand
by the Commission or its duly authorized agents or representatives.

Section 8. That every handler shall at such times as the Com-
mission may by rule or regulation require, file with the Commission
a return under oath on forms to be prescribed and furnished by
the commission, stating the number of standard packed boxes of
oranges handled by such handler in the primary channel of trade
during the period or periods of time prescribed by the Commission.
Such returns shall contain such further information as the Com-
mission may require.

Section 9. That all taxes levied and imposed under and pur-
suant to the provisions of this Act shall be due and payable and shall









be paid when the oranges covered by this Act are first handled in
the primary channel of trade. All such taxes shall be paid to the
Commission by the person first handling the oranges covered by this
Act in the primary channel of trade, except that all taxes on oranges
delivered or sold for canning or processing in the State of Florida
shall be paid to the Commission by the person so canning or process-
ing such oranges. The payment of such taxes shall be evidenced by
stamps to be known and designated as "Orange Advertising Stamps,"
with the amount paid for such stamps indicated thereon, which
stamps shall in every instance be affixed to the grade certificate or
certificates showing the grade of the oranges covered thereby, when
such oranges are required by la'w to be inspected for grade and
certification thereof, and in all other cases such stamps shall be
affixed to the returns provided for in Section 8 hereof. The Comp-
troller of the State of Florida shall cause to be prepared and de-
livered to the Commission suitable stamps denoting the taxes here-
under levied. The Commission shall cause such stamps to be dis-
tributed for payment of the taxes prescribed in this Act and shall
prescribe such method for the affixing and cancellation of said stamps
as shall be necessary to carry out and comply with the intent and
purpose of this Act.


Section 10. That all taxes levied and collected under the pro-
visions of this Act shall be paid into the State Treasury on or be-
fore the 15th day of each month. Such moneys shall be kept in
a special fund to be known as the "Orange Advertising Fund" which
is hereby created, and all moneys coming into said special fund are
hereby appropriated and made available for defraying the expenses
of the administration and enforcement of this Act. All money levied
and collected under this Act over and above the necessary administra-
tive expense as provided for in this Act, shall be spent exclusively
for the advertising of oranges as herein provided. Provided fur-
ther, that in cases where oranges are advertised jointly with grape-
fruit and tangerines, or both, the Orange Advertising Fund shall only
bear its pro rata share of such advertising. All taxes levied here-
under and collected through sale of said stamps by the Commission
shall be paid to the Comptroller of the State of Florida for payment
into said Orange Advertising Fund. Funds expended under this Act
for advertising shall be expended through an established advertising
agency within the State of Florida.

Section 11. That all costs, expenses and obligations incurred
under the provisions of this Act shall be paid out of the Orange
Advertising Fund upon warrant of the Comptroller when vouchers
therefore are exhibited, approved by the Commission.









Section 12. That the provisions of this Act shall not apply to
oranges consumed for domestic purposes on the premises where
produced.

Section 13. That any handler who fails to file a return or to
pay any tax within the time required by or pursuant to this Act
shall thereby forfeit to the State a penalty of five per centum of
the amount of tax determined to be due, as provided in this Act,
plus one per centum of such amount for each month of delay or
fraction thereof after the expiration of the first month after such
return was required to be filed or such tax became due; but the
Commission, if satisfied that the delay was excusable, may remit
all or any part of such penalty. Such penalty shall be paid to the
Comptroller and disposed of as provided with respect to moneys
derived from the taxes levied and imposed by this Act.

Section 14. That no common carrier, or other carrier or person,
shall accept for shipment or ship or transport any oranges where
stamps evidencing the payment of the taxes levied and imposed
hereunder are not affixed to the grade certificate mentioned and
referred to in Section 9 hereof.

Section 15. That the powers and duties of the Commission shall
include the following:

1. To adopt and from time to time alter, rescind, modify and/or
amend all proper and necessary rules, regulations and orders for
the exercise of its powers and the performance of its duties under
this Act.

2. To employ and at its pleasure discharge an advertising man-
ager, agents, advertising agencies and such clerical and other help
as it deems necessary and to outline their powers and duties and
fix their compensation.

3. To make in the name of the Commission such advertising
contracts and other agerements as may be necessary.

4. To keep books, records and accounts of all its doings which
books, records and accounts shall be open to inspection and audit by
the State Auditor at all times.

5. To purchase or authorize the purchase of all office equip-
ment and supplies and to incur all other reasonable and necessary










expenses and obligations in connection with and required for the
proper carrying out of the provisions of this Act.

6. To investigate and cause prosecution to be instituted for vio-
lation of the provisions of this Act.

Section 16. That any person who shall violate or aid in the
violation of any of the provisions of this Act, upon conviction there-
of shall be punished by a fine of not more than Five Hundred
Dollars or imprisonment for a period not to exceed ninety days,
or by both such fine and imprisonment in the discretion of the Court,
and all fines collected for violation of this Act shall be paid into the
Grange Advertising Fund.

Section 17. That this Act shall be liberally construed, and if
any part or portion thereof be declared invalid, or the application
thereof to any person, circumstance or thing is declared invalid, the
validity of the remainder of this Act and/or the applicability thereof
to any other person, circumstance or thing shall not be affected
thereby, and it is the intention of the Legislature to preserve any
and all parts of said Act if possible.

Section 18. That all laws or parts of laws in conflict herewith
be and the same are hereby repealed.

Section 19. That this Act shall take effect immediately upon
its passage and approval by the Governor or upon its becoming a
law without such approval.

Approved by the Governor May 3, 1937.

Filed in office Secretary of State May 4, 1937.










Tangerine Advertising Law




Chapter No. 16858

Laws of Florida, Acts of 1935

As Amended by

Chpater No. 17782

Laws of Florida, Acts of 1937



AN ACT to amend Sections 6, 9 and 17 of Chapter 16858, Laws of
Florida, Acts of 1935, entitled "An Act to conserve and promote
the prosperity and welfare of the Florida Citrus Industry and of
the State of Florida by promoting the sale of Tangerines pro-
duced in Florida through the conducting of a publicity, advertising
and sales promotion campaign to increase the consumption of
such tangerines; to levy and impose an excise tax on tangerines
produced in Florida and to provide for the collection thereof; to
create a Tangerine Advertising Fund; to vest the administration
of this Act in the Florida Citrus Commission and to provide for
the powers, duties and authority of said Commission hereunder;
and to provide penalties for violations of this Act."

Be It Enacted by the Legislature of the State of Florida:

Section 1. That economic waste is being fostered in the citrus
industry of the State of Florida by the lack of proper advertising
and dissemination of information necessary for the development and
promotion of the sale of tangerines, grown in the State of Florida;
that such unnecessary and unreasonable waste is creating chaotic
economic conditions in the citrus industry of the State of Florida of
such severity as to imperil the ability of producers of tangerines
to contribute in appropriate amounts to the support of the ordinary
governmental and educational functions, thus tending to increase and
increasing the tax burdens of other citizens for the same purposes;
tLat in the interest of public welfare and general prosperity of the
State of Florida this avoidable and unnecessary loss can and should
be eliminated by acquainting the general public with the health-









giving qualities and the food and/or dietetic value of the different
grades of tangerines grown in the State of Florida.


Section 2. That because the citrus fruit grown in Florida com-
prises the major agricultural crop of Florida and the business of
expanding markets and increasing consumption of tangerines is of
public interest and because this Act is designed to promote the gen-
elal welfare of the Florida citrus industry, which in turn will promote
the general welfare of the State of Florida, this Act is passed.

Section 3. That as used in this Act:

1. The term "Commission" means the Florida Citrus Commis-
sion.

2. The term "person" means individual, partnership, corpora-
tion, association and/or any other business unit.

3. The term "tangerines" means and includes only the fruit
Citrus Nobilis Deliciosa, commonly called tangerines, grown in the
State of Florida.

4. "Shipment" of tangerines shall be deemed to take place when
the tangerines are loaded, within the State of Florida, in the car,
boat, truck or other conveyance in which the tangerines are to be
transported for sale or otherwise.

5. The term "dealer" means and includes any person engaged
in the business of buying, receiving or selling tangerines for profit
or remuneration.

6. The term "handler" means and includes any person handling'
tangerines in the primary channel of trade.

7. Tangerines shall be deemed to be delivered into the primary
channel of trade when any such tangerines are sold, or delivered for
shipment, or delivered for canning and/or processing into by-
products.

8. The term "standard packed box" means 1-3/5 bushels of
tangerines whether in bulk or in containers.

Section 4. That the administration of this Act sha:l be vested in
the Florida Citrus Commission, which shall prescribe suitable and









reasonable rules and regulations for the enforcement of the provisions
thereof and shall administer the taxes levied and imposed by this
Act. Said Commission shall have power to cause its duly author-
ized agent or representative to enter upon the premises of any
handler of citrus fruits and to examine or cause to be examined by
any such agent or representative any books, papers, records or mem-
oranda bearing on the amount of taxes payable and to secure other
information directly or indirectly concerned in the enforcement of
this Act. Any person required to pay the taxes levied and imposed by
this Act who shall by any practice or evasion make it difficult to
enforce the provisions of this Act by inspection, or any person who
shall after demand by the Commission, or any agent or representa-
tive designated by it for that purpose, refuse to allow full inspection
of the premises or any part thereof or any books, records, documents
or other instruments in any way relating to the liability of the tax
payer for the tax herein imposed or shall hinder or in any wise delay
i0 prevent such inspection, shall be guilty of a misdemeanor and
upon conviction shall be punished accordingly.

Section 5. That the Commission shall plan and conduct a cam-
paign for commodity advertising, publicity and sales promotion to
increase the consumption of tangerines and may contract for any
advertising, publicity and sales promotion service. To accomplish
such purpose the Commission shall have power and it shall he the
duty of the Commission to disseminate information:

(a) Relating to tangerines and the importance thereof in pre-
serving the public health, the economy thereof in the diet of the
people and the importance thereof in the nutrition of children;

(b) Relating to the manner, method and means used and em-
ployed in the production and marketing of tangerines and to laws of
the State regulating and safeguarding such production and market-
ing;

(c) Relating to the added cost to the producer and dealer in
producing and handling tangerines to meet the high standards im-
posed by the State that insure a pure and wholesome product;

(d) Relating to the effect upon the public health which would
result from a break-down of the Florida citrus industry and/or the
Florida tangerine industry;

(e) Relating to the reasons why producers and dealers should
receive a reasonable return on their labor and investment.










(f) Relating to the problem of furnishing the consumer at all
times with an abundant supply of fine quality tangerines at reason-
a'le prices;


(g) Relating to factors of instability peculiar to the citrus fruit
industry in general and the tangerine industry in particular, such
as unbalanced production, effect of the weather, influence of con-
sumer purchasing power and price relative to the cost of other items
of food in the normal diet of people, all to the end that an intelligent
and increasing consumer demand may be created;


(h) Relating to the possibilities with particular reference to
increased consumption of tangerines.

(i) Relating to such other, further and additional information
as shall tend to promote increased consumption of tangerines and as
may foster a better understanding and more efficient co-operation
between producers, dealers and the consuming public.

(j) To decide upon some distinctive and suggestive trade name
and to promote its use in all ways to advertise Florida Citrus Fruit.

Section 6. That there is hereby levied and imposed an excise
tax of five cents on each standard packed box of tangerines grown
in the State of Florida.

Section 7. That every handler shall keep a complete and ac-
curate record of all tangerines handled by him. Such records shall
be in such form and contain such other information as the Commis-
sion shall by rule or regulation prescribe. Such records shall be
preserved by such handlers for a period of one year and shall be
offered for inspection at any time upon oral or written demand by
the Commission or its duly authorized agents or representatives.

Section 8. That every handler shall at such times as the Com-
mission may by rule or regulation require, file with the Commission
a return under oath on forms to be prescribed and furnished by the
Commission, stating the number of standard packed boxes of tan-
gerines handled by such handler in the primary channel of trade
during the period or periods of time prescribed by the Commission.
Such returns shall contain such further information as the Commis-
sion may require.

Section 9. That all taxes levied and imposed under and pur-
suant to the provisions of this Act shall be due and payable and









shall be paid when the tangerines covered by this Act are first hand-
led in the primary channel of trade. All such taxes shall be paid
to the Commission by the person first handling the tangerines cov-
ered by this Act in the primary channel of trade, except that all
taxes on tangerines delivered or sold for canning or processing in
the State of Florida shall be paid to the Commission by the person
so canning or processing such tangerines. The payment of such
taxes shall be evidenced by stamps to be known and designated as
"Tangerine Advertising Stamps," with the amount paid for such
stamps indicated thereon, which stamps shall in every instance be
affixed to the grade certificate or certificates showing the grade of
the tangerines covered thereby, when such tangerines are required by
law to be inspected for grade and certification thereof, and in all
other cases such stamps shall be affixed to the returns provided for
in Section 8 hereof. The Comptroller of the State of Florida shall
cause to be prepared and delivered to the Commission suitable stamps
denoting the taxes hereunder levied. The Commission shall cause
such stamps to be distributed for payment of the taxes prescribed in
this Act and shall prescribe such method- for the affixing and can-
cellation of said stamps as shall be necessary to carry out and
comply with the intent and purpose of this Act.

Section 10. That all taxes levied and collected under the pro-
visions of this Act shall be paid into the State Treasury on or before
the 15th day of each month. Such moneys shall be kept in a special
fund to be known as the "Tangerine Advertising Fund" which is
hereby created, and all moneys coming into said special fund are
hereby appropriated and made available for defraying the expenses
of the administration and enforcement of this Act. All taxes levied
hereunder and collected through sale of said stamps by the Commis-
sion shall be paid to the Comptroller of the State of Florida for pay-
ment into said Tangerine Advertising Fund. Funds expended under
this Act for advertising shall be expended through an established
advertising agency within the State of Florida'.

Section 11. That all costs, expenses and obligations incurred
under the provisions of this Act shall be paid out of the Tangerine
Advertising Fund upon warrant of the Comptroller when vouchers
therefore are exhibited, approved by the Commission.

Section 12. That the provisions of this Act shall not apply to
tangerines consumed for domestic purposes on the premises where
produced.

Section 13. That any handler who fails to file a return or to











pay any tax within the time required by or pursuant to this Act
shall thereby forfeit to the State a penalty of five per centum of the
amount of tax determined to be due, as provided in this Act, plus
one per centum of such amount for each month of delay or fraction
thereof after the expiration of the first month after such return was
required to be filed or such tax became due; but the Commission, if
satisfied that the delay was excusable, may remit all or any part of
such penalty. Such penalty shall be paid to the Comptroller and
disposed of as provided with respect to moneys derived from th,
taxes levied and imposed by this Act.


Section 14. That no common carrier or other carrier or person,
shall accept for shipment or ship or transport any tangerines where
stamps evidencing the payment of the taxes levied and imposed here-
under are not affixed to the grade certificate mentioned and referred
to in Section 9 hereof.

Section 15. That the powers and duties of the Commission shall
include the following:

1. To adopt and from time to time alter, rescind, modify and/or
amend all proper and necessary rules, regulations and orders for the
exercise of its powers and the performance of its duties under this
Act.

2. To employ and at its pleasure discharge an advertising man-
ager, agents, advertising agencies and such clerical and other help
as it deems necessary and to outline their powers and duties and
fix their compensation.

3. To make in the name of the Commission such advertising
contracts and other agreements as may be necessary.

4. To keep books, records and accounts of all its doings which
books, records and accounts shall be open to inspection and audit
by the State Auditor at all times.

5. To purchase or authorize the purchase of all office equip-
ment and supplies and to incur all other reasonable and necessary
expenses and obligations in connection with and required for the
pl oper carrying out of the provisions of this Act.

6. To investigate and cause prosecution to be instituted for
violations of the provisions of this Act.










Section 16. That any person who shall violate or aid in the
violation of any of the provisions of this Act, upon conviction thereof
shall be punished by a fine of not more than Five Hundred Dollars
or imprisonment for a period not to exceed ninety days, or by both
such fine and imprisonment in the discretion of the Court, and all
fines collected for violation of this Act shall be paid into the Tan-
gerine Advertising Fund.

Section 16 A. All money levied and collected under this Act
over and above the necessary administrative expense as provided for
in this Act shall be spent exclusively for the advertising of tan-
gerines as herein provided. Provided further that in cases where
tangerines are advertised jointly with grapefruit, oranges, or both
such grapefruit and oranges, the tangerine advertising fund shall
only bear its pro rata share of such joint advertising.

Section 17. That this Act shall be liberally construed, and if
any part or portion thereof be declared invalid, or the application
thereof to any person, circumstance or thing is declared invalid, the
validity of the remainder of this Act and/or the applicability thereof
to any other person, circumstance or thing shall not be affected
thereby, and it is the intention of the Legislature to preserve any and
all parts of said Act if possible.

Section 18. That all laws or parts of laws: in conflict herewith
be and the same are hereby repealed.

Approved by the Governor May 3, 1937.

Filed in office Secretary of State May 4, 1937.










The Field Crate Registration Law



Chapter No. 16859

Laws of Florida-Acts of 1935



AN ACT to protect the owners of registere,1 field boxes, crates,
receptacles or containers used in the production, harvesting, trans-
portation and selling of fruits and vegetables and their by-products;
to provide for the registration of brands thereof, and defining cer-
tain offenses and remedies in connection with the unauthorized
and unlawful possession and use thereof; to provide against the
obliteration, defacing, removing or changing of such registered
brands; to provide and defined the legal use of possession of such
branded and registered field boxes, crates, containers or receptacles,
and 't.. 11i.;IIL penalties for the violation of the provisions hereof.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Any person, firm or corporation being the owner
of field boxes, crates, containers or receptacles used in the general
production, harvesting, packing, transportation or marketing of fruits
or vegetables or their by-products in the State of Florida may adopt
for their exclusive use and ownership a particular mark or brand to
designate and distinguish their ownership thereto and may identify
their field boxes, crates, containers or receptacles so used with
si ch mark or brand in the form of such combinations, initials, sym-
bols, designs or names as they desire, by plainly and distinctly stamp-
ing, stenciling, painting, cutting, etching or burning the same into
or onto both ends or sides of such field boxes, crates, receptacles or
containers, and the presence of such identifying mark or brand on any
field box, crate, container, or receptacle, whenever a copy or de-
scription thereof shall have been filed and recorded in the office of
the Secretary of State as hereinafter provided for shall, in any Court
and in any I ...- - .'l in this State be prima facie evidence of the
ownership of such boxes, crates, containers or receptacles by the
person, firm or corporation in whose name such mark or brand may
have been recorded, provided that such mark or brand shall have
been recorded with such said Secretary of State as hereinafter
provided and shall bear the registered number hereinafter provided
for.










Section 2. Any person, firm or corporation desiring to avail
himself of the benefits of this Act may make application to the Sec-
retary of State, and shall file with such Secretary a true copy and
description of such identifying mark or brand, which, if entitled
thereto under the provisions of this Act, shall be filed and recorded
by such Secretary of State in a book to be provided and kept by
him for that purpose, and the name of the owner of such brand or
mark shall be likewise entered into such record, and such Secretary
shall then assign or designate a permanent registered number to
the owner of such brand or mark; said number to be assigned pro-
gressively as marks and brands are received and recorded and the
registered number so assigned shall then become a part of the regis-
tered brand or mark and shall plainly and distinctly be made to
appear on such field boxes, crates, receptacles and containers, to-
gether with the identifying mark or brand referred to in Section
One hereof. It shall be the duty of the Secretary of State to de-
termine if such brand or mark so applied for is not a duplication of
any brand or mark previously recorded by him, or does not so
closely resemble the same as to be misleading or deceiving. If the
brand or mark applied for does so resemble or is such a duplication
of previously recorded brands or marks as to be misleading or de-
ceiving, the application shall be denied and the applicant may file
some other brand or mark in the manner described above.

Section 3. Such application for filing and recording shall be
accompanied by a fee of Two Dollars (82.00) and thereupon, if con-
sistent with the provisions of the preceding section, the Secretary
ot State shall issue to the person, firm or corporation applying for
registration and recordation of such mark or brand a certificate of
such recordation and of the registered number assigned thereto and
thereafter he shall issue such certificates, in any number, to any
person applying therefore, upon the payment of a' fee of One Dollar
(81.00), for each and every certificate so issued, and such certifi-
cate shall, in all proceedings in all of the Courts of this State, be
taken and held as proof of the adoption and recordation of such
identifying mark or brand.

Section 4. The owner of any such registered mark or brand
may transfer, release or sell the same by an instrument in writing
evidencing such transfer, release or sale, and upon application to
the Secretary of State where such mark or brand is registered for
the recordation of such instrument in writing, and upon the filing
of the same with such Secretary and the payment of a fee of Two
Dollars ($2.00) the Secretary shall cause such instrument or trans-
fer, release or sale to be placed on record in a book provided and









kept by him for that purpose, and certificates of such transfer, upon
application therefore, shall be issued by him in like manner, upon the
payment of like fees, as provided for the issuance of certificates
under the provisions of Section Three of this Act.


Section 5. Any person, or persons who shall have in his or
their unauthorized possession any field box, crate, receptacle or
container marked or branded with mark or brand registered under
the provisions of this Act shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of not less
than twenty-five dollars nor more than five hundred dollars or by
imprisonment for not less than thirty days nor more than one year,
or by both such fine and imprisonment, and the possession by any
person or persons of any field box, crate, container or receptacle so
marked or branded, in the absence of written authority therefore,
shall be prima facie evidence of the violation of the provisions of
this section; provided that the owner of such recorded or registered
mark or brand may, in writing, authorize and designate any person
or persons to use or have in their possession any such field boxes,
crates, containers or receptacles.

Section 6. If any person or persons shall alter, change, remove
or obliterate the registered mark or brand on any field box, crate,
container or receptacle other than his or their own or shall cause
oi procure the same to be done, with intent to claim the same or
to prevent identification thereof by the true owner, or to use or to
have in his, or their possession, any such field box, crate, container
or receptacle on which the registered mark or brand has been altered,
changed, removed or obliterated, such person, or persons shall be
deemed guilty of a misdemeanor and upon conviction thereof shall
be punished as provided for in Section Five of this Act.

Section 7. It shall be unlawful for any person or persons to
receive or to purchase any field box, crate, container, or receptacle
marked or branded with registered mark or brand as herein provided,
from any person other than the registered owner thereof or his duly
authorized agent, and proof of such receipt or purchase shall be
prima facie evidence in any court of this State that such receiver
or purchaser received or purchased the same with knowledge that
it was stolen or embezzled property, and upon conviction thereof,
shall be punished as is now or may hereafter be provided by law
for receiving stolen or embezzled property.

Section 8. The refusal of any person in possession thereof to
deliver any field box, crate, container or receptacle so marked or










branded and registered as herein provided, to the registered owner
of the same or his duly authorized agent, upon the demand of such
registered owner or authorized agent, when said demand is accom-
panied with a display of the certificate of recordation and number
of the same, as furnished to the registered owner by the Secretary
of State, shall be prima facie evidence in any court of this State
of a fraudulent intent to convert said field box, crate, container or
receptacle to the use of the person or persons, so in possession of
the same, and to deprive the registered owner thereof, and any
person or persons convicted of the violation of the provisions of this
Section shall be subject to the penalty as provided in Section Five
hereof.

Section 9. Any person or persons who shall take or send out
of the State of Florida, or cause to be taken or sent out of the State
of Florida, any field box, crate, container or receptacle so registered
o0 branded as herein provided without the permission of the owner
thereof shall be guilty of a misdemeanor and upon conviction shall
be punished by a fine of not more than Five Hundred Dollars
(S500.00) or by imprisonment for not more than one year or by
both such fine and imprisonment in the discretion of the Court.

Section 10. The provisions of this Act shall not be construed to
apply when fruits, vegetables, or their by-products, are wrapped or
packed in such accepted or prescribed standard containers, as are
prescribed and designated by the Bureau of Standards,' United States
Department of Agriculture, and are used only as receptacles or
containers for fruits, vegetables, or their by-products when offered
for transportation or sale only.

Section 11. The provisions of this Act shall be cumulative to
all other provisions of law on the subject and in the event that any
part of this Act is declared unconstitutional the validity of the re-
maining portions of this Act shall not be affected.

Section 12. This act shall take effect ten days after it becomes
a law.

Approved May 21, 1935.

Filed in Office Secretary of State May 22, 1935.











Grower's Cost Guarantee Law



Chapter No. 16862

Laws of Florida-Acts of 1935



AN ACT relating to citrus fruit: Prescribing conditions and limita-
tions upon the sale, marketing and processing thereof, and the
effect of contracts of sale and of marketing and processing agree-
ments.

WHEREAS, it is found by the Legislature and hereby declared
that the production and distribution of citrus fruit is a paramount
industry in Florida upon which the prosperity of the State in a
large measure depends; that such fruit and the juices thereof have
become and are generally used in great and rapidly increasing quan-
tities, both voluntarily and upon advice of physicians, by people
of all classes, ages and conditions; that it is necessary for the rea-
sonable comfort, welfare, and health of the people and in order to
build up their strength and vigor that an adequate and dependable
supply of high grade citrus fruit be constantly available, and the
production, transportation, processing, distribution and sale of citrus
fluit in the State of Florida is therefore hereby declared to be a
business affecting the public health and interest, that unfair, un-
just, destructive, demoralizing, and uneconomic trade practices have
been and are continuing to be carried on in the sale and distribution
of citrus fruit in this state to the extent that such fruit has been
and is continuing to sell in many cases at prices below the cost of
production and the constant, dependable and adequate supply of such
fruit for sale and consumption is thereby so seriously imperiled as
to threaten the break down of the industry; that the present acute
economic condition in Florida is in part the consequence of a severe
and increasing disparity between the prices of citrus fruit and other
commodities; that it is both expedient and necessary to build up
the quality and reputation of Florida's citrus fruit in the market
and to stabilize the Florida citrus industry and to protect the public
and the growers against fraud, deception, and financial loss through
further continuation of unscrupulous practices and haphazard meth-
ods in connection with the marketing of citrus fruits, and to that
end, to assure the grower returns at least equal to the cost of pro-
duction of high grade citrus fruit.









THEREFORE, in the exercise of the police power of the State,
for the purpose of protecting and promoting the public health and
general welfare,

Ee It Enacted by the Legislature of the State of Florida:

Section 1. This Act shall be known and called the Growers
Cost Guarantee Act.

Section 2. The term "Citrus Fruit" as used herein means and
includes only the fruits Citrus Grandis, Osbeck, commonly called
grapefruit, and Citrus Sinensis, Osbeck, commonly called oranges,
and Citrus Nobilis Deliciosa, commonly called tangerines, grown in
the State of Florida.


The term 'standard packed box" means 1-3/5 bushels whether
in bulk or in a container.

Section 3. 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 Emergency in the
Citrus Industry, and upon petition or petitions signed by persons,
firms, corporations, or associations, owning or controlling 50/ or
more of the producing acreage of citrus fruit, requesting such ac-
tion, being filed with the Citrus Commission, such percentage to
be based upon the survey heretofore made by the Federal Emer-
gency Relief Administration and supplemented by such further sur-
veys as the Citrus Commission from time to time may make, and
after the Citrus Commission shall have procured from the producers,
shippers, or handlers of citrus fruit, not subject to the provisions
of this Act, binding agreements to conform thereto and abide by
its terms, the Florida Citrus Commission shall determine and record
in permanent form annually the average reasonable cost per standard
packed box of producing citrus fruit and every contract, agreement,
plan or arrangement with the grower by or under which his citrus
fruit shall be bought, marketed, or processed shall be held to require
that the person, firm, corporation, or association buying, marketing
or processing said citrus fruit shall in any event pay the grower
said cost of production, to be ascertained by multiplying the said
cost per standard packed box as shown by the record of the Com-
mission current at the time the contract, agreement, plan of arrange-
ment with the grower shall be made, by the number of packed boxes
so bought, marketed and processed during the season or under the
particular contract, agreement, plan or arrangement if for less than
a marketing season. Any contract, plan, scheme or device whereby









it shall be attempted to preclude the grower from recovering such
cost of production shall to that extent be held to be unlawful and
against the public policy of this State, but in all other respects and
particulars contracts of sale, marketing and processing shall be
valid and binding and the terms thereof shall measure the rights
of the respective parties.

Section 4. The provisions of this Act shall apply to any one
or more of the citrus varieties embraced hereunder as may be de-
termined by the petitions and agreements provided for in the fore-
going section.

Section 5. This Act shall become effective immediately upon
becoming a law.

Approved June 8, 1935.

Filed in Office Secretary of State June 8, 1935.








LABELING AND MARKING OF CANNED

CITRUS FRUIT


Chapter No. 17783

Laws of Florida, Acts of 1937


AN ACT relating to and regulating the marking and labeling of
containers of canned citrus fruit and/or citrus juice; requiring
that the label on such containers show in what State or country
the citrus fruit or citrus juice in such containers was produced or
grown and requiring that any container of canned citrus fruit or
citrus juice produced or grown in the State of Florida shall have
the word "Florida" stamped into or embossed upon the tin, glass
or other substance of which such container is made and prohibiting
the use of any container bearing the word "Florida" for canned
citrus fruit or citrus juice produced or grown outside of the State
of Florida and providing penalties for violations hereof.

WHEREAS certain persons, firms and corporations in the State
cf Florida have heretofore engaged in the practice of importing into
the State of Florida citrus fruit and citrus juice produced and canned
in other states and countries, and labeling the same in the State of
Florida and selling the same in and from the State of Florida, thereby
leading the dealers in such canned citrus fruit and citrus juice to
believe that such citrus fruit and citrus juice was produced in the
State of Florida, to the injury and detriment of the producers and
canners of citrus fruit and citrus juice in the State of Florida;
therefore

Be It Enacted by the Legislature of the State of Florida:

Section 1. Every label placed upon any container of canned
citrus fruit or citrus juice shall show truthfully and accurately the
name of the state or country in which the citrus fruit or citrus juice
in such container was grown or produced in substantially the follow-
ing words: "Produced in (name of state or country)". It shall be
unlawful for any person, firm or corporation to place upon any
container of such canned citrus fruit or citrus juice any label which
fails to show truthfully and accurately the name of the state or
country in which the citrus fruit or citrus juice in such container was
produced or grown.









Section 2. Every container used for canning citrus fruit or
citrus juice produced or grown in the State of Florida shall have
stamped into or embossed upon the tin, glass or other substance of
which such container is made, the word "Florida", and it shall be
unlawful for any person, firm or corporation to use for canning citrus
fruit or citrus juice produced' or grown in the State of Florida any
container which does not have stamped into or embossed upon the
tin, glass or other substance of which said container is made, the
word "Florida". It shall be unlawful for any person, firm or
corporation to use any container bearing the said word "Florida"
for any canned citrus fruit or citrus juice produced or grown outside
of the State of Florida.

Section 2A The Florida Citrus Commission shall have full and
plenary power to prescribe rules, regulations and orders governing
the method and manner of marking the labels and embossing the
tins, glass, and all other kinds of containers, including the size and
type of the lettering, required under this Act.

Section 3. Any person, firm or corporation who shall be con-
victed of violating any provision of this Act ,shall be punished by
imprisonment not exceeding one year or by fine not exceeding
$1,000.00, either or both such imprisonment and fine in the discretion
ol the court, and seizure and confiscation of all goods misbranded.

Section 4. If any provision or application of this Act shall be
held invalid, such holding shall not affect or impair any other pro-
vision or application of this Act.

Section 5. This Act shall take effect immediately upon its
passage and approval by the Governor or upon its becoming a law
without such approval.

Approved by the Governor June 10, 1937.

Filed in Office Secretary of State June 10, 1937.










United States Department of Agriculture

Bureau of Agricultural Economics



U. S. Standards for Citrus Fruits
(Effective Sept. 1, 1936)



INTRODUCTION

These standards apply only to the common or sweet orange
group, grapefruit, and tangerines, and other varieties belonging to
the Mandarin Group. These standards do not apply to California
and Arizona citrus fruits for which separate U. S. standards are
issued.

The tolerances for the standards are on a container basis. How-
ever, individual packages in any lot may vary from the specified
tolerances as stated below, provided the averages for the entire lot,
based on sample inspection, are within the tolerances specified.

For a tolerance of 10 percent or more, individual packages in
any lot may contain not more than one and one-half times the tol-
erance specified, except that when the package contains 15 speci-
mens or less, individual packages may contain not more than double
the tolerance specified.

For a tolerance of less than 10 percent, individual packages in
any lot may contain not more than double the tolerance specified,
provided at least one specimen which does not meet the requirements
shall be allowed in any one package.

Numbers and letters in parenthesis following grade terms in-
dicate where such terms are defined on pages 97 to 104, inclusive,
under Definitions of Terms.


GRADES

U. S. Fancy shall consist of citrus fruits of similar varietal
characteristics (1), which are well colored (2), firm (3), well formed
(4), mature, and of smooth texture (5); free from ammoniation,










bird pecks, bruises, buckskin, creasing, cuts which are not healed,
decay, growth cracks, scab, split navels, sprayburn, and undeveloped
or sunken segments, from injury (6) by black or unsightly discol-
oration (6 and 7), green spots (6a), rough and excessively wide
or protruding navels (6b), scale (6c), scars (6d), thorn scratches
(6e), and from damage (10), caused by dirt or other foreign materials
(10), dryness (10c), sprouting (10), sunburn (10i), disease, insects
or mechanical or other means (10).

In this grade not more than one-tenth of the surface in the
aggregate may be affected with discoloration (7). (See Tolerances
pages 94 to 96, inclusive).

U. S. No. 1 shall consist of citrus fruits of similar varietal
characteristics (1) which are fairly well colored (8), firm (3), well
formed (4), mature, and of fairly smooth texture (9); free from
bruises, buckskin, cuts which are not healed, decay, growth cracks,
sprayburn, undeveloped or sunken segments, and from damage (10)
caused by ammoniation (10a), bird pecks (10), black or unsilghtly
discoloration (7 & 10), creasing (10b), dirt or other foreign ma-
terials (10), dryness (10c), green spots (10d), scab (10e), scale (10f),
scars (10g), split or rough or protruding navels (10h), sprouting
(10), sunburn (10i), thorn scratches (10j), diseases, insects or me-
chanical or other means (10).

In this grade not more than one-third of the surface in the
aggregate may be affected with discoloration (7). (See Tolerances
pages 94 to 96, inclusive).

U. S. No. 1 Bright. The requirements for this grade are the
same as for U. S. No. 1 except that no fruit may havd more than
one-tenth of its surface in the aggregate affected with discoloration
(7). See Tolerances pages 94 to 96, inclusive).

U. S. No. 1 Bronze. The requirements for this grade are the
the same as for U. S. No. 1 except that mord than 10 percent, but
less than 75 percent, by count, of the fruit shall have in excess of
one-third of the surface in the aggregate affected with discoloration
(7). See Tolerances pages 94 to 96, inclusive).

U. S. No. 1 Russet. The requirements for this grade are the
same as for U. S. No. 1 except that at least 75 percent, by count,
of the fruit shall have in excess of one-third of the surface in the
aggregate affected with discoloration (7). (See Tolerances pages
94 to 96, inclusive).









U. S. No. 2 shall consist ot citrus Truits ot similar varietal
characteristics (1) which are mature but may be only slightly col-
ored (11), fairly firm (12), slightly misshappen (13) and slightly
rough (14) but which are free from bruises, cuts which are not
healed, decay, growth cracks, and from serious damage (15) caused
by ammoniation (15a), bird pecks (15), black or unsightly dis-
coloration (7 & 15), buckskin (15b), creasing (15c), dirt or other
foreign materials (15), dryness (15d), green spots (15e), scab
(15f), scale (15g), scars (15h), split or rough or protruding navels
(15i), sprayburn (15j), sprouting (15), sunburn (15k), thorn
scratches (15L), undeveloped or sunken segments (15m), disease,
insects, mechanical or other means (15).

In this grade not more than 40 percent, by count, of the fruit
may have in excess or one-third of the surface in the aggregate
affected with discoloration (7). (See Tolerances pages 94-96, in-
clusive).

U. S. Combination Grade. Any lot of citrus fruits may be des-
ignated "U. S. Combination" when not less than 40 percent, by count,
of the fruits in each container meet the requirements of U. S. No. 1
grade and the remainder U. S. No. 2 grade, provided that not more
than 25 percent, by count, of the fruits in any container may have in
excess of one-third of the surface in the aggregate affected with
discoloration (7). (See Tolerances pages 94-96, inclusive).

U. S. No. 2 Bright. The requirements for this grade are the
same as for U. S. No. 2 except that no fruit may have more than
one-tenth of its surface in the aggregate affected with discolora-
tion (7). (See Tolerances pages 94-96, inclusive.)

U. S. No. 2 Russet. The requirements for this grade are the
same as for U. S. No. 2 except that more than 50 percent, by count,
of the fruit shall have in excess of one-third of the surface in the
aggregate affected with discoloration (7). (See Tolerances pages
94-96, inclusive).

U. S. No. 3 shall consist of citrus fruits of similar varietal
characteristics (1) which are mature; which may be misshappen
(16), slightly spongy (17), rough but not seriously lumpy for the
variety or seriously cracked; which are free from cuts which are
not healed and from decay; and from very serious damage (18)
caused by bruises, growth cracks (18a), ammoniation (18b), bird
pecks (18c), black or unsilghtly discoloration, caked melanose (18d),









buckskin (18e) creasing (18f), dryness (18g) green spots (18h),
scab (18i), scale (18j), split navels (18k), sprayburn 18L),
sprouting, sunburn (18m), thorn punctures (18n), disease, in-
sects, mechanical or other means. The fruit may be poorly col-
ored but not more than 25 percent of the surface of each fruit may
be of a solid dark green color. (See Tolerances pages 94-96,
inclusive).

TOLERANCES FOR PRECEDING GRADES

In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances
are provided as specified:

U. S. Fancy. Not more than 10 percent, by count, of the Fruit
in any container may be below the requirements of this grade but
not more than one-half of this tolerance, or 5 percent, shall be
allowed for very serious damage; not more than one-fourth of the
tolerance, or 21/ percent, shall be allowed for damage by black or
unsightly discoloration; and not more than one-twentieth of the tol-
erance, or one-half of one percent, shall be allowed for decay at
shipping point; provided that, a total tolerance of not more than
3 percent shall be allowed for decay enroute or at destination. No
part of any tolerance shall be allowed for wormy fruit or worm
holes.


U. S. No. 1, U. S. No. 1 Bright, U. S. No. 2 Bright Grades.
Not more than 10 percent, by count, of the fruit in any container
may be below the requirements of the grade other than for dis-
coloration but not more than one-half of this tolerance, or 5 percent,
shall be allowed for very serious damage, and not more than one-
twentieth of the tolerance, or one-half of one percent, shall be
allowed for decay at shipping point; provided that, a total tolerance
of not more than 3 percent shall be allowed for decay enroute or at
destination. In addition, not more than 10 percent, by count, of the
fruit in any container may not meet the requirements relating to
discoloration but not more than one-fourth ol this tolerance, or
2% percent, shall be allowed for serious damage by black or un-
sightly discoloration. No part of any tolerance shall be allowed
for wormy fruit or worm holes.


U. S. No. 1 Bronze Grade. Not more than 10 percent, by count,
of the fruit in any container may be below the requirements of this
grade, but not more than one-half of this tolerance or 5 percent,









shall be allowed for very serious damage, and not more than one-
twentieth of the tolerance, or one-half of one percent, shall be
allowed for decay at shipping point; provided that, a total toler-
ance of not more than 3 percent shall be allowed for decay enroute
or at destination. No part of any tolerance shall be allowed to re-
duce or to increase the percentage of fruit having in excess of one-
third of the surface in the aggregate affected with discoloration
which is required in this grade, but individual containers may vary
not more than 10 percent from the percentage required provided
that the entire lot averages within the percentage specified. No
part of any tolerance shall be allowed for wormy fruit or worm holes.

U. S. Grade No. 2 Not more than 10 percent, by count, of the
fruit in any container may be below the requirements of this grade
other than for discoloration but not more than one-half of this tol-
erance, or 5 percent, shall be allowed for very serious damage, and
not more than one-twentieth of the tolerance, or one-half of one
percent shall be allowed for decay at shipping point; provided that
a total tolerance of not more than 3 percent shall be allowed foi
decay enroute or at destination. In addition, not more than 10
percent, by count, of the fruit in any container may not meet the
requirements relating to discoloration. No part of any tolerance
shall be allowed for wormy fruit or worm holes.

U. S. Combination Grade. Not more than 10 percent, by count,
of the fruit in any container may be below the requirements of this
grade but not more than one-half of this tolerance, or 5 percent,
shall be allowed for very serious damage, and not more than one-
twentieth of the tolerance, or one-half of one percent, shall be
allowed for decay at shipping point; provided that, a total toler-
ance of not more than 3 percent shall be allowed for decay enroute
or at destination. No part of any tolerance shall be allowed to re-
duce, for the lot as a whole, the percentage of U. S. No. 1 required
in the combination, or to increase the percentage of fruit having in
excess of one-third of the surface in the aggregate affected with dis-
coloration which is permitted in the combination, but individual con-
tainers may have not more than a total of 10 percent less than the
percentage of U. S. No. 1 required or specified and/or in excess of
the percentage of discolored fruits specified, provided that the entire
lot averages within the percentages specified. No part of any
tolerance shall be allowed for wormy fruit or worm holes.

U. S. No. 1 Russet, U. S. No. 2 Russet Grades. Not more than
10 percent, by count, of the fruit in any container may be below the
requirements of the grade but not more than one-half of this toler-









ance, or 5 percent, shall be allowed for very serious damage, and
not more than one-twentieth of the tolerance, or one-half of one
percent, shall be allowed for decay at shipping point; provided that,
a total tolerance of not more than 3 percent shall be allowed for
decay enroute or at destination. No part of any tolerance shall be
allowed to reduce the percentage of fruit having in excess of one-
third of the surface in the aggregate affected with discoloration
which is required in these grades, but individual containers may
have not more than 10 percent less than the percentage required
provided that the entire lot averages within the percentage specified.
No part of any tolerance shall be allowed for wormy fruit or worm
holes.

U. S. No. 3. Not more than 5 percent, by count, of the fruit in
any container may be below the requirements of this grade but not
more than one-fifth of this amount, or 1 percent, shall be allowed
for decay at shipping point; provided that a total tolerance of not
more than 3 percent shall be allowed for decay enroute or at des-
tination. No part of any tolerance shall be allowed for wormy
fruit.


STANDARD PACK

Fruit shall be fairly uniform in size and arranged in the boxes
according to the approved and recognized methods. The fruit shall
be tightly packed and the wrap show at least one-half twist. Each
fruit shall be enclosed in its individual wrapper, except that in
packs of oranges and tangerines of a size 250 and smaller only fruit
in the top and bottom layers and fruit exposed at the sides of the
box shall be required to be wrapped.

Each box of oranges shall show a minimum bulge of 11/ inches.
With grapefruit the minimum bulge shall be 2 inches, except that
boxes packed with grapefruit of a size 80 or smaller need only
hhow a bulge of 112 inches. Boxes of tangerines shall show a mini-
mum bulge of % inch.

"Fairly uniform in size" means that there is not excessive varia-
tion in diameters of the fruits in any container and that oranges
and grapefruits are within the range given below for the various
packs.










DIAMETER IN INCHES


Pack Minimum Maximum

ORANGES

96's 3- 6/16 3- 11/16
126's 3- 3/16 3- 8/16
150's 3 3- 4/16
176's 2-14/16 3- 2/16
200's 2-12/16 3
216's 2-10/16 2- 14/16
250's 2- 8/16 2- 12/16
288's 2- 6/16 2- 10/16
324's L- 4/16 2- 8/16

GRAPEFRUIT

36's 5 5- 9/16
46's 4-11/16 5- 2/16
54's 4- 6/16 4- 13/16
64's 4- 3/16 4- 9/16
70's 3-15/16 4- 5/16
80's' 3-12/16 4- 2/16
96's 3- 9/16 3- 15/16
126's 3- 5/16 3- 11/16

In order to allow for variations, other than sizing, incident to
proper packing not more than 5 percent of the boxes in any lot may
not meet the requirements for the standard pack. In addition, not
more than a total of 10 percent, by count, of the fruit in any con-
tainer may vary from the specified sizes.

DEFINITIONS OF TERMS

As used in these standards:

1. "Similar varietal characteristics" means that the fruits in
any container are similar in color and shape.

2. "Well colored" as applied to grapefruit, means that the
fruit is yellow in color with practically no trace of green color; as
applied to oranges of the common and Mandarin Groups, means that
the fruit is yellow or orange in color with practically no trace of
green color.

3. "Firm" as applied to grapefruit and oranges, means that
the fruit is not soft, or noticeably wilted or flabby; as applied to










oranges of the Mandarin Group (Tangerines, Satsumas, King, Man-
darin), means that the fruit is not badly puffy, although the skin
may be slightly loose.

4. "Well formed" means that the fruit has the shape charac-
teristic of the variety.

5. "Smooth texture" means that the skin is thin and smooth
for the variety and size of fruit.

6. "Injury" means any defect or blemish, which more than
slightly affects the appearance, edible or shipping quality of the
fruit. Any one of the following defects) or any combination of de-
fects, the seriousness of which exceeds the maximum allowed for
any one defect shall be considered as injury:

(a) Green spots, when more than 4, or when aggregating more
than three-fourths inch in diameter.

(b) Rough and excessively wide or protruding navels, when
protruding beyond the general contour of the orange; or when flush
with the general contour but with the opening so wide, considering
the size of the fruit, and the navel growth so folded and ridged that
it detracts noticeably from the appearance of the orange.

(c) Scale, when more than a few adjacent to the "bottom" at
stem end, or when more than 6 scattered on other portions of the
fruit.

(d) Scars, when causing roughness of the fruit texture to a
greater degree than is permitted under the term "smooth" as re-
quired in the grade; or when the scars affect the appearance of the
fruit to a greater extent than the maximum of discoloration allowed
in the grade.

(e) Thorn scratches, when the injury is not slight, not well
healed, or more unsightly than discoloration allowed in the grade.

7. "Discoloration" means russeting of a light shade of golden
brown caused by rust mite or other means. Lighter shades of dis-
coloration caused by superficial scars or other means may be allowed
on a greater area, or darker shades may be allowed on a lesser area,
provided, no discoloration caused by melanose or other means may










affect the appearance of the fruit to a greater extent than the shade
and amount of discoloration allowed for the grade.


8. "Fairly well colored" means that the yellow or orange color
predominates over the green color on that part of the fruit which
is not discolored.


9. "Fairly smooth texture" means that the skin is fairly thin
and not coarse for the variety and size of fruit.


10. "Damage" means any defect or injury which materially
affects the appearance, edible or shipping quality of the fruit. Any
one of the following defects, or any combination of defects, the
seriousness of which exceeds the maximum allowed for any one
defect shall be considered as damage:

(a) Ammoniation, when not occurring as light speck type sim-
ilar to melanose.

(b) Creasing, when causing the skin to be materially weak-
ened.

(c) Dryness, when extending into segments of oranges and
grapefruit more than one-fourth inch at the stem end or into seg-
ments of varieties of the Mandarin Group more than one-eighth inch
at the stem end, or more than the equivalent of these respective
amounts, by volume, when occurring in other portions of the fruit.


(d) Green spots, when more than 7 in number, or when agre-
gating more than one inch in diameter.


(e) Scab, when it cannot be classed as discoloration, or affects
shape or texture.

(f) Scale, when occurring as a ring or concentrated blotch on
oranges and varieties of the Mandarin Group when the average out-
side diameter is more than % inch; or as more than one ring or
blotch; or any ring on grapefruit when the average outside diameter
is more than 1%/ inches; or any blotch on grapefruit when the aver-
age diameter is more than 1 inch; or scattered scale on oranges or
grapefruit which detracts from the appearance of the fruit to a
greater extent than the maximum ring or blotch allowed.