Art. 1111. Penalties for violations. Any person who shall knowingly violate any of the provisions of Articles 1101 through and inclusive of Article 1110 of the Penal Code shall be guilty of a misdemeanor, and upon conviction. shall be fined in a sum not less than Twenty-five Dollars ($25) nor more than Two Hundred Dollars ($200). [1919; last amended 1935.] * Art. 1111a. Measuring amount of oil or gas produced; record. Sec. 9b. It shall be unlawful for any person owning, leasing, operating, or controlling any oil property within the State of Texas to permit the oil or gas so produced to pass beyond the possession or control of such person into the possession or control of any other person without first accurately measuring the amount of such oil or such gas, and making and preserving an accurate record thereof. It shall also be unlawful for any person to use any method or device to evade such accurate measurement. Upon conviction for a wilful violation of any provision hereof, such person shall be deemed guilty of a felony and, upon such conviction, shall be punished by confinement in the State penitentiary for a term of not less than two (2) nor more than four (4) years. [1933] Vernon's Annotated Penal Code, Vol. 2, Title 14, Ch. 11-False Packing. Art. 1114. Penalty. Whoever with intent to defraud shall put into any hogshead, barrel, cask or keg or into any bale, box or package containing merchandise or other commodity usually sold by weight, any article whatever of less value than the merchandise or commodity with which such container is apparently filled, or with intent to defraud shall sell or barter, give in payment or expose for sale or ship for exportation any such container with any such article of inferior value concealed therein, shall be con fined in the county jail not exceeding one year or be fined not exceeding one thousand dollars. [1879] Vernon's Annotated Penal Code, Vol. 3, Title 17, Ch. 16-False Advertising. Art. 1554. Unlawful acts; penalty. Whoever with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, or by any firm, corporation or association which he owns or of which he has control directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, makes, publishes, disseminates, circulates or places before the public or causes to be made, published, disseminated, circulated or placed before the public in a newspaper, or other publication, or in the form of a book, notice, handbill, window display card or price tag, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, as to its character or cost, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is known by said person or could have been known by use of reasonable diligence or inquiry to be untrue, deceptive or misleading in any material particular as to such matters or things so advertised, shall be fined not less than ten nor more than two hundred dollars. In prosecutions under this article such statement, trade name or trade mark, with the name, signature, mark or identification of the person, firm, corporation, partnership, association, shall be considered prima facie evidence of the publication of such statement, trade name or trade mark by the person, firm, corporation, partnership, association, referred to therein. [1921] Code Annotated 1943, Vol. 1, Title 3, Ch. 1-State Board of Agriculture. Sec. 3-1-15. Violation of title a misdemeanor. Whoever violates any of the provisions of this title [Secs. 3-1-1-3-13-28] where no other penalty is provided is guilty of a misdemeanor. [1921] Sec. 3-1-31. Powers of board. The state board of agriculture shall have the following powers: 1. To execute and enforce all laws of the state pertaining to agriculture, including horticulture, crops, pests and related subjects; livestock, including sheep, swine, poultry, bees and related subjects; weights and measures; commercial feeding stuffs and commercial fertilizers; dairy and food stuffs and related subjects; the marketing, stamping and branding of receptacles; the licensing of produce dealers. 5. To establish standards and grades of vege tables, fruit, hay, grain, seed, livestock products, cheese, ice cream and other dairy products. To adopt regulations fixing dimensions and standards for containers of all or any of such products when offered or exposed for sale, and prohibit the shipment, sale or offering for sale, or movement of all such products unless in all respects they meet the requirements of the law and the regulations of the board of agriculture, and unless the boxes, bags or other containers of the same are branded or labeled in accordance with the regulations adopted by said. board; provided any product may be labeled or tagged and sold as unclassified exclusively in the state of Utah. 8. To formulate and prescribe such rules and regulations for the operation of creameries, butter and cheese factories, dairies, slaughterhouses, confectionaries, bakeries, fruit and vegetable canneries, flour mills, farm dairies, or any other factory, establishment, store or house where dairy or food products of any nature are bought, sold, manufactured, prepared, stored or exposed for sale for public use, as shall be deemed necessary for such board to fully carry out all laws relating to dairy and food products and for the promotion and maintenance of sanitary conditions in connection therewith; and for the prevention of false grades, weights and measures; and also for advancing the value of Utah food and dairy products. All such rules, regulations, standards and grades pertaining to vegetables, fruit, hay, grain, seed, livestock products, eggs, poultry, cheese, ice cream, butter, milk and other dairy and food products shall conform as nearly as practicable to but not in excess of the rules, regulations, standards and grades that have been promulgated by the agricultural department of the United States or its secretary or the administrator of the Federal Security Agency under and by authority of a law known as the Federal Food, Drug, and Cosmetic Act as well as an act entitled "An Act Making Appropriations for the Department of Agriculture and for the Farm Credit Administration for the Fiscal Year Ending June 30, 1939, and for Other Purposes", approved June 16, 1938, authorizing an inspection service for farm products: as well as the acts of congress approved June 30, 1906; March 4, 1907; October 3, 1913, and July 24, 1919, governing meat inspection. It shall be unlawful for any person or organization to place on any such product, for which grades or standards have been estab lished by the board, or on its package or label, any grade or quality designation not in conformity with the grade or quality regulations adopted by the board. All such rules and regulations pertaining to weights and measures shall conform as nearly as practicable to the recommendations of the National Conference on Weights and Measures and to those contained in the Handbook of the National Bureau of Standards. All such rules and regulations pertaining to hay, grain and commercial feeding stuffs shall conform as nearly as prac ticable to the regulations, definitions and recommendations of the Association of American Feed Control Officials. No rule or regulation pertaining to grades and standards established by the board under the provisions of this act [Secs. 3-1-16-3-133] shall exceed the standards and grades set up in the federal acts referred to herein. The state board of agriculture, upon an applica tion of any interested industry or substantial por tion thereof, stating reasonable grounds therefor, and before any grade or standard be established by regulation shall hold a public hearing upon a pro posal to issue, amend, or repeal any regulation contemplated by any of the sections of this act. 9. To appoint all state inspectors and other employees necessary to carry out the provisions, powers, duties and functions of the state board of agriculture and to fix their salaries or compensations according to the standards adopted by the state department of finance. 10. To divide the state into as many agricultural districts as the board may deem desirable for the purpose of effectively and economically carrying out the duties and performing the functions of the board, and to appoint an agricultural inspector for each district. The inspectors so appointed shall have jurisdiction and full power and authority to operate in any district in the state when so directed by the board and deemed necessary to carry out the duties and perform the functions of the board. [1941; last amended 1943.] Code Annotated 1943, Vol. 1, Title 3, Ch. 13—Weights and Measures. Sec. 3-13-1. State standards. The weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the state in conformity therewith, and certified by the National Bureau of Standards, shall be the state standards of weights and measures. [1915] Sec. 3-13-2. Office and working standards; verification. In addition to the state standards of weights and measures provided for above there shall be supplied by the state at least one complete set of copies thereof to be kept at all times in the office of the commissioner of agriculture and to be known as office standards, and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this chapter [Secs. 3–13– 1-3-13-28] to be known as working standards. Such weights, measures and apparatus shall be verified by the commissioner of agriculture upon their initial receipt and at least once in each year thereafter; the office standards by direct comparison with the state standards and the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards shall be certified to by the commissioner. The office standards shall be used in making all comparisons of weights, measures, and weighing and measuring devices, submitted for test in the office of the commissioner, and the state standards shall be used only in verifying the office standards and for scientific purposes. [1915] Sec. 3-13-3. Custody of standards; certification. The commissioner [of agriculture] shall take charge of the standards adopted by this chapter [Secs. 3-13-1-3-13-28] as the standards of the state, and cause them to be kept in his office at the state capitol, from which they shall not be removed except for repairs or for certification, and he shall take all other necessary precautions for their safekeeping. He shall maintain the state standards in good order, and shall submit them at least once in ten years to the National Bureau of Standards for certification. He shall keep a complete record of the standards, balances and other apparatus belonging to the state, and shall take a receipt for the same from his successor in office. [1915] Sec. 3-13-4. Testing of city standards; powers of commissioner. The The commissioner [of agriculture] shall at least once in five years try and prove by the office standards all standard weights, measures and other apparatus which may belong to any city required to appoint a sealer and to purchase and keep standards of weights and measures by the provisions of this chapter [Secs. 3-13-1-3-13-28], and shall certify to such when found to be accurate. commissioner shall at least once in two years visit such cities for the purpose of inspecting the work of the local sealers, and in the performance of such duties he may inspect the weights, measures, balances or any other weighing or measuring device of any person, and shall have the same powers as the local sealer of weights and measures. board of agriculture shall issue from time to time regulations for the guidance of city sealers, and said regulations shall govern the procedure to be followed by such officers in the discharge of their duties. [1915] The Sec. 3-13-5. General supervisory powers of commissioner of agriculture. The commissioner shall have general supervision of the weights and measures, and weighing or meas uring devices, offered for sale, sold or in use in the state. He shall at least once annually test all scales, weights and measures used in checking the receipts or disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the supervisory board and to the executive officer of the institution concerned. [1915] Sec. 3-13-6. Powers and duties of commissioner of agricul ture. When not otherwise provided by law the commissioner, where there is no city sealer, shall inspect and test all weights and measures, and weighing or measuring devices, kept, offered or exposed for sale, sold or used, by any person in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribu tion or consumption, purchased or offered or submitted by such person or persons for sale, hire or award; and he shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered for sale or sold. He shall at least once each year and as much oftener as he may deem necessary see that all weights, measures and weighing or measuring devices used are correct. He may for the purpose above mentioned and in the general performance of his official duties enter and go into or upon, without formal warrant, any |