Mattei

This appeal involves the constitutionality of that portion of section 22 of “The California Fruit, Nut and Vegetable Standardization Act of 1927,” which provides that grapes in containers other than those packed in sawdust, cork, etc., and in certain standard containers established by such act, shall, if used, be conspicuously marked in letters not less than one-half inch in height “Irregular Container. ’ ’

The respondent, A. Mattei, is a grape grower and shipper in Fresno County. At the time the grapes were ready to ship during the fall of 1927 he had on hand certain lug boxes of dimensions different from those authorized to be used under the California Fruit, Nut and Vegetable Standardization Act of 1927, which he proposed to use for the shipment of some of his grapes, without putting on the boxes the words “irregular container,” as required by section 22 of the act. He was warned by the department of agriculture of the state of California and by the horticultural commissioner of the county of Fresno that the use of such containers without the addition of the words “irregular container,” as provided by the act, was in violation of law and that legal proceedings would be…