§ 171. Establishment of grades and standards
The Secretary of Agriculture, Food and Markets may establish and adopt official grades
and standards for such farm products as he or she may deem advisable that are produced
for sale in this State and, from time to time, may amend or modify such grades and
standards. (Amended 1971, No. 153 (Adj. Sess.), eff. March 2, 1972; 2003, No. 42, § 2, eff. May 27, 2003.)
§ 172. Notice and hearing
Before establishing, amending, or modifying any such grades or standards, the Secretary
shall hold properly advertised public hearings in such places within the State as
he or she shall deem proper. Notice of such hearing shall specify the date and place
of each hearing and that it is to be held for the purpose of obtaining information
relative to establishing grades or standards for farm products, if found advisable. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 173. Designation of brands, labels, or trademarks
The Secretary may determine or design brands, labels, or trademarks for identifying
farm products packed in accordance with official grades and standards so established
and may cause to be printed the brands, labels, or trademarks and may distribute the
same at a reasonable price. A written application to the Secretary requesting permission
to use the brands, labels, or trademarks and a written acceptance by the Secretary
or a duly authorized assistant shall be a condition precedent to the use of such brands,
labels, or trademarks. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 47, eff. July 1, 2022.)
§ 174. Publication of grades, standards, brands, labels, or trademarks
Upon the establishment of such grades or standards and upon the determination of brands,
labels, or trademarks, the Secretary shall give them due publicity and distribute
information relative to their use. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 175. Revocation of right to use brands, labels, or trademarks
The Secretary may revoke or suspend the right to use such brands, labels, or trademarks
whenever it appears on investigation that they have been used to identify farm products
not in fact conforming to the grade indicated. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 176. Inspectors and certificates of inspection
The Secretary may employ inspectors to inspect farm products marked, branded, or labeled
in accordance with official grades or standards established and adopted by the Secretary
for the purpose of determining and certifying the quality and condition of the farm
product and other relative material facts. Certificates issued in pursuance of such
inspection and executed by the inspector shall state the date and place of inspection;
the grade, condition, and approximate quality of the farm products inspected; and
any other pertinent facts that the Secretary may require. The certificates and all
federal certificates relative to the condition or quality of the farm products shall
be prima facie evidence in all courts of the State of the facts required as aforesaid
to be stated in the certificate. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 48, eff. July 1, 2022.)
§ 177. Access to buildings or places; examination
The Secretary, in person or by deputy, shall have free access at all reasonable hours
to any building or other place where it is reasonably believed that farm products
marked, branded, or labeled in accordance with official grades established and adopted
by the Secretary are being marketed or held for commercial purposes. The Secretary
shall also have power, in person or by deputy, to open any bags, crates, or other
containers containing the farm products and examine the contents and, upon tendering
the market price, may take samples of farm products. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 49, eff. July 1, 2022.)
§ 178. Unlawful acts; penalties
(a) After notice of the establishment of grades or standards and the determination of
brands, labels, or trademarks, it shall be unlawful to use a brand, label, or trademark
to identify farm products as being of an established grade before a permit is granted
or after the revocation of the right to use such brand, label, or trademark by the
Secretary. For the purpose of further protecting the grades as officially established
and adopted by the Secretary, or any grades established under an act of Congress by
the U.S. Department of Agriculture on the same products, it shall be unlawful to use
the officially designated grade words, titles, or names for the purpose of identifying,
advertising, designating, or describing any lots of such products unless such products
fully meet the requirements of the official grade indicated.
(b) When, in the opinion of the Secretary or his or her representative, it is believed
that any lot or lots of such products so identified, advertised, designated, or described
may not be of the grade indicated, he or she shall cause inspections of such products
to be made for the purpose of determining the actual grade thereof. Such inspections
shall be made by regularly appointed inspectors and in such manner as is provided
in this chapter.
(c) A person violating a provision of this section shall be fined not more than $50.00
for a first offense and, for each subsequent offense, not more than $200.00. A person
who obstructs or hinders the Secretary or any of his or her assistants in the performance
of his or her duties under this chapter shall be fined not less than $10.00 nor more
than $100.00. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 50, eff. July 1, 2022.)
§ 179. Rules; fees
(a) The Secretary may adopt rules for carrying out the purposes of this chapter.
(b) The Secretary may charge fees for inspection of farm and agricultural commodities
or storage facilities and for the establishment of reasonable tolerances incident
to proper grading of agricultural products. Any inspection fees charged pursuant
to this section shall be sufficient to recover the Agency’s costs of inspection, including
payment for the inspector’s time, and shall be retained by the Agency to reimburse
these expenses. In addition, the Secretary may accept fees collected by or for producer
organizations for promotional activities. Such fees shall be retained by the Secretary
and segregated into separate producer accounts for use to promote agricultural products. (Amended 1975, No. 217 (Adj. Sess.), § 3; 1989, No. 257 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 51, eff. July 1, 2022.)
§ 180. Additional authority
The Secretary shall have authority as follows:
(1) to collect and diffuse timely information relative to the seasonal supply, demand,
and prevailing price of farm products, both wholesale and retail; the movement of
farm products through commercial channels; and the quantity and conditions of farm
products in dry and cold storage;
(2) to assist and advise in the organization and maintenance of producers’ and consumers’
cooperative selling and buying associations; and
(3) to cooperate with various state and federal agencies having to do with farm products. (Amended 2003, No. 42, § 2, May 27, 2003.)
§ 181. Repealed. 2003, No. 42, § 2, eff. May 27, 2003.