§ 178. Unlawful acts; penalties

(a) After notice of the establishment of grades or standards and the determination of brands, labels, or trademarks, it shall be unlawful to use a brand, label, or trademark to identify farm products as being of an established grade before a permit is granted or after the revocation of the right to use such brand, label, or trademark by the Secretary. For the purpose of further protecting the grades as officially established and adopted by the Secretary, or any grades established under an act of Congress by the U.S. Department of Agriculture on the same products, it shall be unlawful to use the officially designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such products fully meet the requirements of the official grade indicated.

(b) When, in the opinion of the Secretary or his or her representative, it is believed that any lot or lots of such products so identified, advertised, designated, or described may not be of the grade indicated, he or she shall cause inspections of such products to be made for the purpose of determining the actual grade thereof. Such inspections shall be made by regularly appointed inspectors and in such manner as is provided in this chapter.

(c) A person violating a provision of this section shall be fined not more than $50.00 for a first offense and, for each subsequent offense, not more than $200.00. A person who obstructs or hinders the Secretary or any of his or her assistants in the performance of his or her duties under this chapter shall be fined not less than $10.00 nor more than $100.00. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 50, eff. July 1, 2022.)