In this subtitle the following words have the meanings indicated. “Fruit” means any fruit sold; offered, exposed, packed, or transported for sale; shipped; or presented for intrastate or interstate shipment, except any fruit which is canned, dried, pickled, or frozen. “Sell” means to sell; offer, or expose, pack, or transport for sale; ship; or present for intrastate or interstate shipment. “Vegetable” means any vegetable sold; offered, exposed, packed, or transported for sale; shipped; or presented for intrastate or interstate shipment, except any vegetable which is canned, dried, pickled, or frozen.

The Secretary may adopt and enforce rules and regulations necessary to secure uniformity in the enforcement of this subtitle and the proper marking of the container of any fruit or vegetable.

The Secretary, after investigation and public hearing, may: Establish official standards or grades for any fruit or vegetable; Adopt rules and regulations governing the markings required on the container of any fruit or vegetable, for the purpose of showing any or all of the following: The true grade or size of the product, or both, according to any applicable standard or grade established by the Secretary; The name and address of the grower or packer; The name of the state where grown; or The variety, quantity, quality, condition, and size of the product. Any standard, grade, rule or regulation established under this section does not take effect until 30 days after it is adopted officially. After this period, every container of any fruit or vegetable shall bear plainly and conspicuously on its exterior any marking prescribed by the Secretary under this section.

No standard, grade, rule or regulation adopted under this section affects the right of any person to sell his fruit or vegetable without conforming to it. However, no person may mark any fruit or vegetable, or container in a manner that indicates that the fruit or vegetable conforms with any standard or grade of the Secretary, unless the person conforms with all rules and regulations adopted under this subtitle.

The Secretary may enter any building, vehicle, other enclosure, or conveyance in the State, where any fruit or vegetable is produced, stored, or sold. He may examine any fruit or vegetable found in any of these places and may take for further examination any sample of the produce and any container necessary to determine whether this subtitle is violated.

Any person who sells any fruit or vegetable in a container not properly marked may not be prosecuted, if he can establish by satisfactory evidence that he was not a party to the grading or packing of the fruit or vegetable in question, and had no knowledge that they were mismarked or illegally packed.

No person may be prosecuted for violation of any provision of this subtitle where it can be established that the fruit or vegetable passed inspection by an authorized inspector of the Department or by an inspector of the United States Department of Agriculture and was graded, packed and marked in accordance with the provisions of this subtitle. Certificates of inspection issued by any of these inspectors shall be accepted as prima facie evidence of the facts contained in them.

The State’s Attorney of any county in which any violation of this subtitle occurs shall prosecute any person accused of any violation of this subtitle. On the request of the Secretary, he shall institute and prosecute the action.