All fresh berries, cherries, currants and other small fruits sold or offered for sale in the city shall, in the absence of a special agreement in writing signed by the parties thereto to the contrary, be sold, if in bulk, by standard avoirdupois net weight, or by numerical count, or in uniform size baskets, boxes, or other receptacles containing one quart or one pint standard dry measure or multiples thereof, and in no other way. The said receptacles shall be uniformly and evenly filled throughout. Said baskets, boxes or other receptacles in which, or out of which, such small fruits are sold or offered for sale shall not be required to be tested and sealed, but the commissioner may at any time test the capacity of the basket, box or other receptacle in which, or out of which, said berries, cherries, currants or other small fruits are sold or offered for sale.
Any person selling or offering for sale any such small fruits in any basket, box or other receptacle that is of a capacity different from that hereinbefore provided, or in any basket, box or other receptacle that is not uniformly and evenly filled throughout, shall be fined not less than $25.00 nor more than $100.00 for each offense.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)