The said commission shall continue in existence to and including the thirtieth day of June, A. D. nineteen hundred twenty seven. SEC. 3. On or before the thirty-first day of December, nine- Report to teen hundred twenty-six, the said commission shall make a governor. report to the governor covering the results of its investigation and study with reference to the establishment of said deepwaterway connection, together with such recommendations as to possible action by the state of Michigan as may be deemed expedient. Immediately on the convening of the legislature at the regular session in the year nineteen hundred twentyseven, the governor shall cause a copy of said report to be transmitted to each house. The cost of compiling and printing such report shall be paid out of the moneys hereinafter appropriated. SEC. 5. There is hereby appropriated for the fiscal year end- Appropriaing June thirty, nineteen hundred twenty-six, fifteen thousand tion. dollars, and for the fiscal year ending June thirty, nineteen hundred twenty-seven, fifteen thousand dollars, for the use of the said commission, to cover the expenses hereby contemplated. This act is ordered to take immediate effect. [No. 76.] AN ACT to regulate the sale of potatoes in the state of Michigan; to fix standard grades for potatoes; to provide for inspection and penalties for violation thereof. The People of the State of Michigan enact: SECTION 1. U. S. FANCY shall consist of potatoes of one U. S. fancy. variety which are mature, bright, well shaped, free from freezing injury, soft rot, dirt, or other foreign matter, sunburn, second growth, growth cracks, hollow-heart, cuts, scab, blight, dry rot, disease, insects or mechanical injury and other defects. The range in size shall be reasonably uniform, and in no case shall the diameter be less than two inches. In order to allow for variations incident to proper grading Variation. and handling, not more than five per cent, by weight, of any lot may vary from the range and size stated, and, in addition, not more than three per cent, by weight, of any lot may be below the remaining requirements of this grade, but not to exceed one-third of this three per cent tolerance shall be allowed for potatoes affected by soft rot. SEC. 2. U. S. NO. 1 shall consist of potatoes of similar u. s. No. 1. varietal characteristics which are not badly misshapen, which are free from freezing injury and soft rot and from Diameter. Variation. U. S. No. 1 small. Variation. damage caused by dirt or other foreign matter, sunburn, second growth, growth cracks, hollow-heart, cuts, scab, blight, dry rot, disease, insects or mechanical or other means. The diameter of potatoes of round varieties shall be not less than one and seven-eighths inches, and of potatoes of long varieties, one and three-fourths inches. In order to allow for variations incident to proper grading and handling, not more than five per cent, by weight, of any lot may be below the prescribed size, and, in addition, not more than six per cent, by weight, may be below the remaining requirements of this grade, but not to exceed one-third of this six per cent tolerance shall be allowed for potatoes affected by soft rot. SEC. 3. U. S. NO. 1 SMALL shall consist of potatoes ranging in size from one and one-half inches to one and seveneighths inches in diameter, but meeting all the other requirements of U. S. No. 1. In order to allow for variations incident to proper grading and handling, not more than twenty-five per cent, by weight, of any lot may vary from the prescribed size, but not to exceed one-fifth of this tolerance shall be allowed for potatoes under one and one-half inches in diameter. In addition, not more than six per cent, by weight, may be below the remaining requirements of this grade, but not to exceed one-third of this six per cent tolerance shall be allowed for potatoes affected by soft rot. U. S. No. 2. SEC. 4. U. S. NO. 2 shall consist of potatoes of similar varietal characteristics which are free from freezing injury and soft rot and from serious damage caused by sunburn, cuts, scab, blight, dry rot, disease, insects or mechanical or other means. Diameter. Variation. Terms defined. Mature. Bright. Smooth. The diameter of potatoes of this grade shall be not less than one and one-half inches. In order to allow for variations incident to proper grading and handling, not more than five per cent, by weight. of any lot may be below the prescribed size, and, in addition, not more than six per cent, by weight, may be below the remaining requirements of this grade, but not to exceed one-third of this six per cent tolerance shall be allowed for potatoes affected by soft rot. Any potatoes other than those mentioned in this act shall be sold as "culls" and marked or labeled as provided in this act. SEC. 5. The following terms, wherever used in this act, or in rules and regulations later promulgated by the commissioner of agriculture, shall have the meaning as indicated: 1. "Mature" means that the outer skin (epidermis) does not loosen or "feather" readily during the ordinary methods of handling. 2. "Bright" means free from dirt or other foreign matter or discoloration from any cause so that the outer skin (epidermis) has the attractive color normal for the variety. 3. "Smooth" means free from second growth, growth cracks and other abnormal, rough surfaces. shaped. 4. "Well shaped" means that normal, typical shape for the Well variety in the district where grown and free from pointed, dumb-bell shaped, excessively elongated and other ill-formed potatoes. damage. 5. "Free from damage" means that the appearance shall Free from not be injured to an extent readily apparent upon casual examination of the lot, and that any damage from the causes mentioned can be removed in the ordinary process of preparation for use without appreciable waste in addition to that which would occur if the potato were perfect. Loss of outer skin (epidermis) shall not be considered as an injury to the appearance. 6. "Diameter" means the greatest dimension at right Diameter. angles to the longitudinal axis. 7. "Soft rot" means a soft, mushy condition of the tissues Soft rot. from whatever cause. misshapen. 8. "Badly misshapen" means of such shape as to cause ap- Badly preciable waste in the ordinary process of preparation for use in addition to that which would occur if the potato were perfect. age. 9. "Free from serious damage" means that any damage Free from from the causes mentioned can be removed by the ordinary serious damprocess of paring without increase in waste of more than ten per cent, by weight, over that which would occur if the potato were perfect. 10. "Container" or "Package" means cloth or fibre sack Container, (such as is customarily used for the shipment of potatoes), etc. barrel, box, crate, hamper or basket. SEC. 6. When prepared for shipment in bags, baskets, bar- Label, etc. rel, box, hamper, or any other container, the same shall be tagged or labeled or branded legibly, designating the name and address of the dealer, shipper, corporation, society or association, or agent or representative, also the grade and net weight. When shipped as bulk, two cards conspicuously placed shall accompany such potatoes, which cards shall not be smaller than four and one-half inches by six inches in size, designating in letters not less than one-half inch in height the name and address of the shipper, the name of the grade, the car initial and number, and the date. Dealers offering for sale, exposing for sale or selling pota- How grades toes from a vehicle shall designate the grade in the following designated. manner: By a legibly printed tag on each container, or by a card not less than four and one-half inches by six inches in size, conspicuously placed upon, or adjacent to, said potatoes, the letters to be not less than one-half inch high. Upon request of purchasers, the dealer must name the grade of potatoes sold to them. It is further provided that this bill shall not apply to, or Exceptions. be construed to include, the sale of potatoes by the grower, made by himself personally or by an employe, direct to a consumer, or to a groceryman or company or copartnership conducting a grocery store: Provided, That when the operator Proviso. of a grocery store shall purchase ungraded potatoes from a producer or grower, he shall have the right to display same for sale in open packages and sell same to the customer: Provided further, That a grocery keeper who buys from the grower ungraded potatoes and sells them as graded potatoes, under one of the qualifications of this act, shall be subject to the same fines and punishment as provided herein for violation of this act. SEC. 7. The word "dealer" as used herein shall be construed to include any person, shipper, corporation, society, association, or their agent or representative. The act, omission or failure of any official or employe of any dealer, when such official or employe is acting within the scope of his employment or office, shall, in every case, be deemed also the act, omission or failure of the dealer as well as the official or employe. SEC. 8. It shall be unlawful for any dealer to ship for sale, offer or consign for sale, or sell, potatoes which are not graded and branded in accordance with the provisions of this act and the regulations made hereunder, or have in his possession for sale any potatoes prepared for sale or sold which bear any false statement, design or device regarding the same, within the meaning of this act. In re-using any package or cover upon which appear any marks required by this act, or which were intended to describe the contents of the package, the dealer who is responsible for the re-use of such package or cover shall cause such marks to be removed, erased or obliterated before re-using. No person, except an authorized inspector of the state department of agriculture, shall alter, efface, or remove, or cause to be altered, effaced or removed, wholly or in part, any brands or marks required to be put upon packages under the provisions of this act, except in repacking, or to make the brands or marks correspond to the contents of the package. SEC. 9. Any person, either principal or agent, who violates any of the provisions of this act, or of the regulations promulgated hereunder, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten dollars, nor more than fifty dollars, for the first offense, and not more than one hundred dollars for each subsequent offense, or by imprisonment in the county jail for not more than thirty days in default of paying the fine, or both in the discretion of the court. SEC. 10. It shall be the duty of the commissioner of agriculture to diligently enforce the provisions of this act, and his officers, inspectors, employes and agents are authorized to enter upon the premises of any person within this state for the purpose of inspecting potatoes and securing evidence of the violation of this act, and the said commissioner of agriculture is hereby authorized and empowered to make, promulgate and enforce such regulations as may be necessary for interpreting the grade specifications prescribed in this act, and for otherwise enforcing its provisions: Provided, however, That any grades, standards or classes for potatoes, or any requirements for marking packages containing potatoes which may hereafter be established by the authority of the congress of the United States, and which are mandatory or optional as applying to interstate commerce, shall, or may, as far as applicable, be established and promulgated by the commissioner of agriculture as official grades, standards, classes and marks for potatoes packed or offered for sale in the state of Michigan. Approved April 23, 1925. [No. 77.] AN ACT to amend section six of act number two of the public acts of nineteen hundred twenty-five, entitled "An act to prescribe a privilege tax for the use of the public highways by owners or drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of gasoline as defined herein; prescribing the manner and the time of paying and collecting such tax and the duties of officials and other persons respecting such payment and collection; providing for the registration of dealers as defined herein; providing for certain exemptions and refunds, and for the disposition of the proceeds of such tax; and prescribing penalties for violation of this act", approved January twenty-nine, nineteen hundred twenty-five. The People of the State of Michigan enact: SECTION 1. Section six of act number two of the public section acts of nineteen hundred twenty-five, entitled "An act to pre- amended. scribe a privilege tax for the use of the public highways by owners or drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of gasoline as defined herein; prescribing the manner and the time of paying and collecting such tax and the duties of officials and other persons respecting such payment and collection; providing for the registration of dealers as defined herein; providing for certain exemptions and refunds, and for the disposition of the proceeds of such tax; and prescribing penalties for violation of this act", approved January twenty-nine, nineteen hundred twenty-five, is hereby amended to read as follows: SEC. 6. (a) The secretary of state or his duly authorized May examine agent is hereby authorized to examine the books and papers books, etc. of any retail dealer, importer, wholesale dealer or distributor pertaining to the business made taxable by this act, to verify the accuracy of any statement or return, and shall have power to administer oaths and take the testimony of any person and for such purpose shall be authorized to issue subpoenas to compel the attendance of such witnesses. |