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239.511 Containers for small fruits.

Subdivision 1. Legal size. It shall be unlawful for any person to sell, offer for sale, or give away, any containers for the distribution of berries or small fruits in less quantities than one bushel, unless the containers are of the capacity of one quart, one pint, or one-half pint, or multiples of a quart standard dry measure, and all sales of raspberries, blackberries, blueberries, currants, gooseberries, strawberries, and similar berries, and all plums, cherries, and similar small fruit, in less quantities than one bushel shall be by dry measure, or in containers as above specified. The possession of containers for berries or small fruit shall be presumptive evidence that they were to be used for distribution. This subdivision shall not require containers as above specified when such berries and small fruits are picked by the consumer on the grower's property.

Subd. 2. Refilling. In no case shall such containers be refilled for use in the sale of berries or small fruits of any kind whatsoever.

Subd. 3. Misdemeanor. Any person violating the provisions of subdivisions 1 and 2 shall be guilty of a misdemeanor and punished by a penalty of not less than $10 nor more than $100 or by imprisonment in the county jail for not less than ten nor more than 90 days.

HIST: (10402, 10403, 10404) 1913 c 66 s 1-3; 1971 c 137 s 1