1. No person shall sell, expose for sale, or transport for sale, potatoes in closed
packages which are not branded or marked with the grade of the potatoes contained
therein in conformity with official standards and grades for potatoes established
and promulgated by the commissioner under the provisions of this article, or, with
the official standards of the United States commonly known as U.S. grades, except
that potatoes packed in consumer packages in retail stores containing fifteen pounds
or less and exposed for sale therein need not be so marked provided they are exposed
for sale immediately adjacent and conform in variety, grade, size and condition to
a bulk display of such potatoes which includes as a part thereof a display sign conspicuously
marked as to the grade of the potatoes in conformity with the foregoing requirements
of this section. Potatoes in closed packages containing more than sixty pounds net not graded and
classified as to quality in accordance with such standards and grades, nor branded
or marked in conformity therewith, shall be branded or marked “unclassified”.
2. For the purpose of this section, a closed package shall mean any container the
entire contents of which cannot be adequately inspected without opening it.
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