Dec. 19.] THE NEW ZEALAND GAZETTE. 3993

2. PACKAGES FOR FRUIT.

(1) No person shall sell any fruit in any package of a type which does not conform to one or other of the types of packages hereinafter prescribed for such respective kind of fruit:

Provided that nothing in this clause shall apply to any fruit which is sold direct to a factory or works for the purpose of being utilized in the manufacture of any product, or which is sold direct to a packing establishment to be there packed.

(2) Save as otherwise provided in this regulation, the packages in which fruit of the several kinds set forth in the First Schedule hereto shall be sold shall be constructed of timber and shall be one or other of the respective types of package prescribed for the several kinds of fruit in the said Schedule.

(3) Nothing in this regulation shall be deemed to prohibit the use of any container for fruit—

(a) Being a package of one of the types numbered 8, 9, and 10 in the said Schedule, the depth of which is increased from the depth prescribed for such types of packages to 4¾ in. by placing ¼ in. cleats under the lid affixed to any such type of package:

(b) Being a combination of three packages of the type numbered 4 in the said Schedule strapped together to form one package:

(c) Being a wooden crate of any size used as a container—

(i) For any number of punnets in which any stone fruits are packed:

(ii) For any number of packages of the type numbered 4 in the said Schedule in which any stone fruits are packed.

(4) If the Director is satisfied that any person, on the coming into force of these regulations, has on hand any packages of a type prescribed by the regulations hereby revoked or stocks of timber specially sawn or prepared for making such packages, he may authorize such person to use packages of such type in lieu of packages of the type prescribed in this regulation, but no such authority shall authorize the use of such first-mentioned packages after the 31st day of March, 1936.

3. REGISTRATION OF OWNERS OF FRUIT.

(1) Every owner who sells fruit in packages shall apply to the Director for registration:

Provided that every occupier of an orchard from which fruit is sold or intended to be sold, to whom, on the coming into operation of these regulations, a certificate of registration of such orchard has been issued in terms of the Orchard Registration Regulations, 1929, shall be deemed to have applied for registration under these regulations, and a certificate of registration and a registered mark shall be issued to him as hereinafter prescribed.

(2) The Director on receipt of such application shall without fee register such owner of fruit, allotting to him a registered mark, and shall issue to such owner a certificate of registration accordingly.

(3) Such registered mark shall consist of letters, numerals, or a combination of letters and numerals.

(4) No registered mark shall be transferred without the consent in writing of the Director.

(5) The Director may cancel the registration of the owner of any registered mark in any of the following events:—

(a) If the registered owner so requests; or

(b) If the Director is satisfied that the owner has not used his registered mark for a period of two years immediately preceding; or

(c) If during the period of twelve months immediately preceding the owner has been convicted of any offence under the said Act or these regulations; or

(d) If the Director is satisfied, on such documentary or other evidence as he shall deem sufficient, that the registration of the owner of any registered mark should be cancelled.

4. BRANDING OF PACKAGES OF FRUIT.

(1) Every package of fruit which is sold or offered for sale shall be branded with the registered mark of the owner of such fruit allotted as hereinbefore provided.

(2) Every package of lemons sold or offered for sale shall, in addition to the requirements of clause 1 of this regulation, be branded with the word “Cured” or the words “Not cured” as the case may require:

Provided that all lemons sold in packages bearing the word “Cured” shall be graded into such one or other of the official grades for lemons hereinafter prescribed as is appropriate to the quality of fruit contained therein.

(3) The owner of fruit sold or offered for sale in packages shall brand his registered mark in characters of not less than ½ in. and not more than 1 in. block type on one end of such package, if such package is a fruit-case, or, if not, in some prominent position thereon.

(4) The owner of lemons sold or offered for sale in packages shall brand the word “Cured” or the words “Not cured” as the case may require in characters of 1 in. block type on the same end of the package as that on which his registered mark is branded pursuant to the last preceding clause of this regulation.

(5) No owner shall sell any lemons contained in a package which is not branded with either the word “Cured” or the words “Not cured” as required by this regulation.

(6) No auctioneer or other selling agent shall sell or offer for sale any fruit contained in a package which is not branded as required by this regulation.

(7) No owner shall sell any fruit in packages which bear any number other than that comprised in his own registered mark, and he shall erase or obliterate any letters and numerals on such packages capable of being taken for a registered mark:

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