Pierce's Perpetual Code 1943-Weights and Measures -Continued.

to by the director; and shall then be deposited with and preserved by the city sealer as public standards for such city, and by the director for use as public standards in any county in the state. Whenever the council or other governing body of any such city shall neglect for six months so to do, the city clerk or comptroller of said city, on notification and request by the director of agriculture or the supervisor of weights and measures, shall provide such standards and cause the same to be tried, proved, sealed and deposited at the expense of such city. [1927]

Sec. 996-7. Testing; sealing; condemning; prosecutions.

The director of agriculture, the supervisor of weights and measures, and the duly appointed and deputized sealers, testers and inspectors of the division of weights and measures, shall have the power to inspect, test, try, and ascertain if they are correct, all weights, scales, beams, and other instruments or mechanical devices for ascertaining the quantity of any article by weight, and all measures, and other instruments or mechanical devices for ascertaining the size or dimensions of any article, or the quantity thereof, by measurement, and all tools, appliances and accessories connected with any such weighing or measuring instrument or device, kept for the purpose of sale or sold, or used or employed by any person or corporation, or any agent, lessee or employe, in ascertaining the weight, size, quantity, extent, dimension or area of any article for distribution or consumption, offered for sale, or sold or purchased, or stored or transported, except track scales used by common carriers by railroad; and shall have the power to and shall, from time to time, weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered for sale, or sold, or purchased, or in the process of delivery, in order to determine whether the same contain the amount represented, and whether they are being offered for sale or sold, or have been purchased, in the manner provided by law; and may, for the purposes above mentioned and in the performance of official duty, without formal warrant, enter into or upon any stand, place, building or premises, and stop any vendor, peddler, junk dealer or the person in charge or any coal wagon, wood wagon, ice wagon or delivery wagon, or any dealer whatsoever, and require him, if necessary, to proceed to some specified place, for the purpose of making proper tests. Whenever any such officer finds a violation of any statute relating to weights or measures, he shall cause the person violating such statute to be prosecuted. Whenever any such officer inspects, tests and tries any weight, measure or weighing or measuring instrument or device and ascertains that it is correct and corresponds, or causes it to correspond, with the standards in his possession, he shall

seal or mark such weight, measure or weighing or measuring instrument or device with appropriate devices to be approved by the director of agriculture, and shall condemn and seize and may destroy any incorrect weight, measure or weighing or measuring instrument or device which cannot be repaired, and shall mark or tag any such weight, measure or weighing or measuring instrument or device found to be incorrect and that may be repaired with the words "condemned for repairs" in a manner prescribed by the director of agriculture. The owner or user of any weight, measure or weighing and measuring instrument or device which shall have been so marked or tagged "condemned for repairs," shall have the same repaired or corrected within ten days and shall not use or dispose of the same in any way, but shall hold the same subject to the orders of the officer condemning the same. [1927]

Sec. 996-9. City sealers: Appointment; powers.

There shall be, in each city of the first class having a population of more than fifty thousand, a city sealer of weights and measures, to be appointed by the mayor, or other chief executive officer, from a list to be furnished by, and under the rules of, the civil service board, where such board exists; otherwise he shall be appointed by the mayor or chief executive officer by and with the advice and consent of the council or other governing body. He shall perform in said city the duties and shall have like powers as the director of agriculture acting by and through the division of weights and measures: Provided, however, That in every case where any city of the first class has heretofore made, or may hereafter make provision by charter or ordinance for the enforcement of proper legal weights and measures, vesting general supervision and direction in any official at the head of any department of such city, such official for the purpose of this act [Secs. 996-1996-17, 996-27-996-53], shall be ex-officio sealer of weights and measures in such city, and he and his subordinates shall have the duties and powers of city sealers of weights and measures, and the powers of such cities relative to weights and measures shall be additional to the powers granted such city by law and charter: And provided further, That the director of agriculture and the officers of the division of weights and measures shall exercise no powers and discharge no duties in any city of the first class having its own sealer of weights and measures, except as in this act hereinabove provided. [1927] Sec. 996-11. False weights and measures; penalty.

Any person, who, by himself or his servant or agent or as the servant or agent of another, shall use or retain in his possession a false weight or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed by or under the direc tion of the director of agriculture or a city sealer within one year, in the buying or selling of any

commodity, or thing, or in the storage thereof, or in the transportation thereof, except track scales used by common carriers by railroad; or who shall dispose of any condemned weight, measure or weighing and measuring device contrary to law, or remove any tag placed thereon by any authorized officer under the provisions of this act; or any person who, by himself, or by his servant or agent, or as the servant or agent of another, shall sell or offer or expose for sale, or purchase or store or transport less than the quantity he represents, or sell or offer or expose for sale or purchase, store or transport any such commodities in a manner contrary to law; or any person who by himself or by his servant or agent or as the servant or agent of another shall sell or offer for sale, or have in his possession for the purpose of selling, any device or instrument to be used to or calculated to falsify any weight or measure, shall be guilty of a misdemeanor 1 upon the first conviction, but upon a second and each subsequent conviction he shall be guilty of a gross misdemeanor.2 [1927] page 1074.

1 See Sec. 112-27, 2 See Sec. 112-29, page 1074.

Sec. 996-13. Officers are policemen; arrests and seizures.

The director of agriculture, the supervisor of weights and measures and all duly appointed sealers, testers and inspectors of the division of weights and measures and all duly appointed and qualified city sealers of weights and measures, are hereby made special policemen, and are authorized and empowered to arrest, without warrant, any violator of the statutes in relation to weights and measures, and to seize for use as evidence, and without warrant, any false weight, measure or weighing or measuring device or packages or amounts of commodities found to be used, retained or offered or exposed for sale, or sold, or purchased, stored or transported contrary to the provisions of this act [Secs. 996-1-996-17, 996-27-996-53]. [1927] Sec. 996-15. Obstructing officers; penalty.

Any person who shall hinder or obstruct, in any way, the director of agriculture, the supervisor of weights and measures, any duly appointed and deputized sealer, tester, or inspector of the division of weights and measures, or any city sealer, in the performance of his official duties, shall be guilty of a misdemeanor.1 [1927]

1 See Sec. 112-27, page 1074.

Sec. 996-17. Butter: Standard packages; marking require

ments.

A standard package or container of butter in this State shall contain sixteen (16) ounces net weight or thirty-two (32) ounces net weight, and a standard package or container need have no statement of the net weight of its contents, but it shall be unlawful to offer for sale or sell butter in any package or container where the net weight thereof is more or less

than the standards herein prescribed without having said package or container labeled in plain English words or figures with the correct net weight of its contents expressed in pounds and ounces together with the name of the manufacturer or jobber. [1927]

Sec. 996-19. Bread: Weights.

It shall be unlawful for any person to manufacture, sell or offer or expose for sale, any bread except in the following weights, which shall be the net weights twelve hours after baking; one pound, one and one-half pounds, two pounds, three pounds, four pounds and five pounds, or other pound weights: Provided, That variations at the rate of one ounce per pound over, and one ounce per pound under, the above specified unit weights are permitted in individual loaves, but the average weight of not less than twelve loaves of any one unit of any one kind shall not be less than the weight hereinabove prescribed. It shall be unlawful to sell or expose for sale bread in a loaf of such form that it has the appearance and size of a loaf of greater weight. [1937]

Sec. 996-21. Same: Definitions.

As used in this act [Secs. 996-19-996-25]:

(a) "Pullman Bread" means bread baked in pans all six sides of which are enclosed;

(b) "Open-top" or "hearth bread" means bread baked in pans or forms the top or top and sides of which are not enclosed. [1937]

Sec. 996-23. Same: Size of loaves.

"Open-top" or "hearth bread" shall be baked in pans or forms the length and width of which shall not exceed the following:

One pound bread, length nine (9) inches, width four and one half (412) inches;

One and one half pound bread, length twelve and one quarter (1214) inches, width four and one half (412) inches. [1937]

Sec. 996-25. Same: Pullman loaves.

"Pullman bread" shall be baked in pans the length and cubic content of which shall not exceed the following:

One pound, nine (9) inch [es] length, one hundred forty-four (144) cubic inches;

One and one half pound, length thirteen (13) inches, two hundred and eight (208) cubic inches; Two pound, sixteen (16) inches length, two hundred fifty-six (256) cubic inches;

Three pound, twenty (20) inch [es] length, four hundred five (405) cubic inches. [1937]

Sec. 996-26. Flour, corn meal, hominy, and hominy grits: Standard weight containers; exceptions; violation a misdemeanor.

It is unlawful for any person, partnership, corporation, company, cooperative society, or organiza

Pierce's Perpetual Code 1943-Weights and Measures -Continued.

tion to pack for sale, sell, offer or expose for sale any of the following commodities, except in containers of net avoirdupois weights of five, ten, twenty-five, fifty, and one hundred pounds, and multiples of one hundred pounds; wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits: Provided, That these provisions shall not apply to (1) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (2) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred pounds or for export, or (3) flours, meals, hominy and hominy grits packed in containers the net contents of which are less than five pounds, or (4) the exchange of wheat for flour by mills grinding for toll.

Any violation of this act [section] is a misdemeanor.1 [1945]

1 See Sec. 112-27, page 1074.

Sec. 996–27. Potatoes: Standard containers; marking require

ments.

The standard container of potatoes in this State shall contain one hundred (100) pounds net weight, and need bear no statement of the weight of its contents, but it is unlawful to sell or offer for sale potatoes by the container which contains more or less than one hundred (100) pounds, unless each container is labeled in plain English words and figures, not less than one inch (1") in height, with its true net weight. [1927; last amended 1945.]

Sec. 996-29. Standard berry boxes.

A standard berry box for selling or offering for sale blackberries, currants, strawberries, cranberries, blueberries, gooseberries, cherries and similar berries in packages containing less than one bushel, shall be a dry quart containing 67.2 cubic inches or a dry pint containing 33.6 cubic inches, or a dry half-pint containing 16.8 cubic inches, and it shall be unlawful to sell or offer for sale or use for the purpose of selling or offering for sale any of the berries named in this section, berry boxes of any other interior capacity than 67.2 or 33.6 or 16.8 cubic inches, unless the same be labeled in plain English words or figures with the correct interior capacity expressed thereon in cubic inches; and all containers must be well filled: Provided, That nothing in this section shall be construed to prevent the sale or offering for sale of any of the articles therein mentioned by weight. [1927; last amended 1937.]

Sec. 996-31. Coal: Standard sacks.

A standard sack of coal in this state shall contain one hundred (100) pounds net weight, and a standard sack of coal need have no statement of the net

weight of its contents, but it shall be unlawful to offer for sale or sell coal in sacks containing more or less than one hundred (100) pounds net weight, unless such sacks be labeled in plain English words or figures with the true net weight of the contents expressed in pounds, and it shall be unlawful for any person, firm or corporation, or their agents, servants or employes, to misrepresent any coal offered for sale or to sell coal of any particular name or designation, or from any particular mine under the name or designation of another coal or mine. [1927]

Sec. 996-33. Milk: Measures.

It shall be unlawful for any person, firm, or corporation to sell milk, cream or buttermilk in this state, in bottles unless such bottles contain either one-half pint, one pint, one quart, one-half gallon or one gallon standard liquid measure. [1927]

Sec. 996-35. Vinegar: Measures.

Standard bottles for selling or offering for sale vinegar in this state shall contain one-half pint, one pint, one quart, one-half gallon or one gallon standard liquid measure and whenever vinegar is sold or offered for sale in such standard bottles no statement of the net measure of the contents thereof need be given thereon, but it shall be unlawful for any person, firm or corporation to offer for sale or sell vinegar in this state in bottles containing more or less than the standard amount in this section, unless such bottles shall be labeled in plain English words and figures with the true net measurement thereof stated in liquid ounces. [1927]

Sec. 996-37. Wholesale weights.

It shall be unlawful for any person, firm or corporation to buy at wholesale in this state any article or commodity upon the basis of weight or measure unless the same be bought upon the basis of the true net weight or measure, and unless the scales, measures or weighing or measuring devices used by the buyer in determining the quantity bought shall bear the seal of a state or a city sealer of weights or measures and conform to the standards provided by this act [Secs. 996-1-996-17, 996-27-996-53]. [1927]

Sec. 996-39. Ice scales and tongs.

It shall be the duty of every vendor of ice in this state, at the time of the actual delivery of any ice sold, to weigh the quantity of ice delivered and for that purpose to use a steelyard balance or other weighing device for weighing such ice, which shall have been duly adjusted and sealed by a duly ap pointed state or city sealer of weights and measures in accordance with the provisions of this act [Secs. 996-1-996-17, 996-27-996-53], and all ice deliv ered to a consumer within this state shall be sold by avoirdupois weight unless it is otherwise specially

agreed upon between the buyer and the seller, and each and every pair of ice tongs used in the delivery of ice in this state shall have conspicuously stamped thereon the true and exact avoirdupois weight of such tongs. [1927]

Sec. 996-41. True weights.

It shall be unlawful for any vendor, or his servant, agent or other employe, in this state, to offer for sale, or sell, or sell and deliver any commodity ordinarily and usually sold in bulk or quantity by weight or measure, unless the same be weighed, or measured, as the case may be, upon or by an officially tested and approved weighing or measuring device, and unless that portion of such commodity so offered for sale or sold by weight or measure shall be the true net weight or measure. [1927]

Sec. 996-43. Wood: Measurement; sales ticket.

It shall be unlawful for any vendor of firewood in this state, or his servant, agent or employe to offer for sale or sell any firewood in any quantity or by any measure except by the cord or fractional part thereof. The standard measurement of a cord of firewood in this state shall be one hundred twentyeight (128) cubic feet: Provided, however, That firewood sixteen (16) inches or less in length may be sold without being measured as above provided, but if so sold by the unit or load or fractional part thereof, such wood shall be measured by throwing the same loosely or at random into a rectangular box or container and when so measured one hundred ninety-two (192) cubic feet shall constitute a unit or load of wood, and it shall be the duty of every vendor of firewood, his servant, agent or employee, with every delivery of firewood, to deliver to the purchaser a sales ticket or bill in writing containing the vendor's name and address, and a true statement of the quantity delivered and the price thereof and the kind and condition of the same. [1927]

Sec. 996-45. Standard wholesale container for cranberries.

A standard wholesale package or container for cranberries in this state shall contain one thousand nine hundred forty-two (1,942) cubic inches or the equivalent of one-third of a United States cranberry barrel, and need have no statement of its cubical contents, but shall be marked in plain letters, not less than one-quarter inch in height, "One-third United States Cranberry Barrel", or the net weight of the contents thereof, but it shall be unlawful for any person, firm or corporation to offer cranberries for sale at wholesale in this state, in packages or containers, the cubical contents of which are less than the standard defined, unless each such package or container be marked in plain letters and figures, not less than one-quarter inch in height, with the cubical contents of the container in inches, or the net weight of the contents. [1927]

Sec. 996-47. Milk cans: To be stamped and sealed.

It shall be the duty of every person, firm or corporation using milk cans or other vessels for the shipping, sale or dispensing of milk to have the liquid capacity, United States standard, of every such can or vessel measured and plainly sealed or stamped thereon by a duly authorized officer of the division of weights and measures or a city sealer in the manner provided in this act [Secs. 996-1— 996-17, 996-27-996-53], and it shall be unlawful for any person, firm or corporation to own and use milk cans or other vessels for shipping, selling or dispensing milk, or ship, sell or dispense milk by measurement for consideration in a can or vessel that has not been officially sealed and its liquid capacity plainly stamped thereon, and upon conviction of a violation of this section the person so convicted shall, in addition to other penalties provided by law, forfeit all unsealed milk cans or vessels found in his possession: Provided, That this shall not apply where milk is sold by weight and on butter fat content. [1927]

Sec. 996-49. Standard box for apples and pears; special box. The standard size of an apple box in this state, shall be eighteen inches long, eleven and one-half inches wide, and ten and one-half inches deep, inside measure; and the standard size of a pear box in this state, shall be eighteen inches long, eleven and one-half inches wide, and eight and one-half inches deep, inside measure, and it shall be unlawful for any person to offer for sale or sell apples or pears in this state by the box, unless the box containing the same conform to the above standard: Provided, That apples or pears may be packed and sold in special boxes if the net weight and contents are stamped thereon in plain letters and figures not less than onehalf inch in height, and marked "Special Box." [1927; last amended 1945.]

Sec. 996-51. Coal: Gross ton; net ton.

Two thousand two hundred forty (2240) pounds avoirdupois shall constitute a gross ton of coal, and two thousand (2000) pounds shall constitute a net ton of coal, in this state, and it shall be unlawful for any person, firm or corporation to sell and deliver less than two thousand (2000) pounds of coal for a ton, or less than the true weight of coal according to the standard provided in this section for a fractional part of a ton of coal. [1927]

Sec. 996-53. Blanket penalty.

Every person found guilty of violating or failing to comply with any of the provisions of this act [Secs. 996-1996-17, 996-27-996-53] for which no specific penalty is prescribed herein, shall be deemed guilty of a misdemeanor, and for each subsequent offense he shall be deemed guilty of a gross misdemeanor.2 [1927]

1 See Sec. 112–27, page 1074. 2 See Sec. 112-29, page 1074.

Pierce's Perpetual Code 1943-Weights and Measures -Continued.

Sec. 996-55. Weight and tare of hops.

The amount of tare to be deducted from the gross weight of each bale of hops grown and hereafter sold in this state is hereby fixed at five pounds per bale. Five yards of baling cloth is the maximum quantity to be used in making the bale, and the standard weight of each yard of baling cloth is hereby fixed at from twenty-four to thirty ounces. The standard weight for a bale of hops is hereby fixed at from one hundred and seventy-five to two hundred and ten pounds. Any vendor of hops using heavier sacking than that specified in this section or using any extraneous matter in the baling thereof shall have the same deducted as additional tare. [1890]

Pierce's Perpetual Code 1943-Cities.

Sec. 364-11. Cities of first class: May regulate weights and

Sec. 116-59.1 Using false weights and measures.

Every person who shall injure or defraud another by using, with knowledge that the same is false, a false weight, measure or other apparatus for determining the quantity of any commodity or article of merchandise, or by knowingly misrepresenting the quantity thereof bought or sold; or who shall retain in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it or permit it to be used in violation of the foregoing provisions of this section, shall be guilty of a gross misdemeanor.2 [1909]

1 For later law, see Sec. 996-11, page 1058.

2 See Sec. 112-29, page 1074.

Pierce's Perpetual Code 1943 - Commercial Feeding Stuffs and Fertilizers.

Sec. 250-29. Commercial feeding stuffs and fertilizers: Rules and regulations.

The director [of agriculture] is hereby empow ered to prescribe and enforce such reasonable rules and regulations and make such definitions relating to concentrated commercial feeding stuff, fertilizer, or livestock remedy as he may deem necessary to carry into effect the full intent and meaning of this [1939] act [Secs. 250-1-250-117],

Sec. 250-65. Commercial feeding stuff: Definition.

The term "commercial feeding stuff" as used in this act [Secs. 250-1-250-117] shall be defined to be a substance used, sold, offered or exposed for sale as food for domestic animals: Provided, however, That the expression "commercial feeding stuff" shall not include whole hay, straw, stover, and silage, where no other materials are added and no part of the whole removed; wheat flours or other flours; unmixed, single grains, whole seeds, or unmixed meals made from unmixed whole grains of wheat, rye, barley, oats, corn, peas, or other cereal, and no part of the whole removed: Provided, further, That the Director [of agriculture] will permit the sale as such, or use as an ingredient in manufactured feeds of recleaned screenings containing singly or in any combination whole, weevily or cracked peas, wheat, wheat white caps, barley, oats, rye, but not including more than one per cent (1%) of all other materials, and under such conditions and safeguards as he may prescribe, of any materials not conforming to analy sis standards and restrictions elsewhere set forth in the act, when sold singly or when mixed with molasses, or when incorporated in a commercial feeding stuff. [1939; last amended 1949.]

Sec. 250-67. Same: "Sack" defined.

The term "standard sack" shall mean a sack of concentrated commercial feeding stuff containing one hundred (100) pounds net weight. [1939]