Section 102. The person possessing the apples at any time shall be deemed responsible for the proper marking of the apples. Each package of apples packed or repacked within the commonwealth and intended for sale within or without the commonwealth, shall be marked or branded at the time of packing, repacking or closing with a statement of the name and legal address of the person by whose authority the apples were packed, the true name of the variety, the official grade designation, and the minimum size or numerical count of the apples contained therein. Each package, lot or open bulk display of apples sold, offered, exposed or advertised for sale at retail shall be plainly marked and identified as to variety, official grade and size. The provisions of this section shall not apply to apples that are in transit from the grower to storage, packer, repacker, or processor, provided that invoices from the grower showing the destination, quantity and ownership of such apples accompany each lot. If the true name of the variety is not known the marks shall include the words “variety unknown”.
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