Any person who shall have purchased any fruits, vegetables or berries sold in violation of the provisions of this Section may produce the package or parcel containing the same at the office of the Department of Health, and furnish therewith an affidavit duly subscribed and sworn to showing that said parcel was purchased within twenty-four (24) hours from the time it is so produced, and showing that the parcel as produced contains all of the fruit, berries or vegetables, and none, other, which is contained at the time of its purchase; and if the Health Commissioner shall find by measuring, weighing or inspecting the same that it is short in quantity or weight, or that the same is not of uniform quality, or was otherwise sold in violation of the provisions of this Chapter, it shall be and it is hereby made the duty of the Health Commissioner to cause the arrest of the person so violating this Section or begin a suit against such vendor to recover the penalty herein provided for such violation.