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Statutes 1947, Vol. 1, Title XII, Ch. 98-Weights and Measures-Continued.

by per cent of milk fat content or by the Babcock test shall be used.

(f) Any person violating the provisions of this section shall be punished by a fine of not more than $250.00.

(2) In sampling cream or milk from which composite tests are to be made to determine the per cent of butter fat contained therein, no such sample or sampling shall be lawful unless a sample be taken from each weighing and the quantity thus used shall be proportioned to the total weight of the cream or milk tested, and each weighing of milk or cream shall be thoroughly agitated immediately before taking a sample to insure a sample truly representing the aggregate from which taken.

(3) All purchasers of milk or cream from the producer, when using the Babcock test as a standard to determine the value of any milk or cream received or bought by such purchaser, shall, when paying for such milk or cream, include an itemized statement to each patron showing the daily number of pounds of milk delivered, the total amount of butter-fat content or test, transportation costs, and other charges and deductions for the period of time for which payment is made; except that the daily weights need not be shown on such statement if weight slips are furnished daily to producers.

(4) Whenever milk is sold under an agreement, express or implied, that the value of the same shall be determined by its proportion of butter fat, the price to be paid shall be based on a three and fivetenths per cent butter fat standard. [1935; last amended 1947.]

Sec. 98.14. Standardization of Babcock glassware.

(1) All bottles and pipettes used in measuring milk or milk products for making determination of the per cent of fat in said milk or milk products shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word "Sealed," and in the side of the pipette or the side or bottom of the bottle the name, initials, or trademark of the manufacturer and his designating number, which designating number shall be different for each manufacturer and may be used in identifying bottles. The designating number shall be furnished by the department upon application by the manufacturer and upon the filing by the manufacturer of a bond in the sum of one thousand dollars with sureties to be approved by the attorney-general, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating number, and to whom furnished, shall be kept in the office of the department.

(2) Any manufacturer who sells Babcock milk, cream or butter test bottles or milk pipettes, to be used in this state, that do not comply with the pro

visions of this section shall suffer the penalty of five hundred dollars to be recovered by the attorney-general in an action against the offender's bondsmen, to be brought in the name of the people of the state. No dealer shall use, for the purpose of determining the per cent of milk fat in milk or milk products, any bottles or pipettes that do not comply with the provisions of this section relating thereto.

(3) The department shall prescribe specifications with which the glassware mentioned in this section shall comply. The unit of graduation for all Babcock glassware shall be the true cubic centimeter or the weight of one gram of distilled water at four degrees centigrade.

(4) Sealers of weights and measures are not required to seal Babcock milk, cream or butter test bottles or milk pipettes marked as in this section provided, but they shall from time to time make tests of individual bottles used by the various firms in the territory over which they have jurisdiction in order to ascertain whether the above provisions are being complied with and they shall report immediately to the department violations found. [1985]

Sec. 98.15. Reading of test.

It shall be unlawful for any person, by himself, his servant or agent or as the servant or agent of another to falsely manipulate or underread or overread or make any false determination by the Babcock test or any other contrivance used for determining the quality or value of milk or cream delivered to a creamery, cheese factory, or condensed milk factory, or when sold or purchased. [1935]

Sec. 98.16. Standard barrels, crates and boxes; liquids, beer and other fermented liquids; unslaked lime; fruits and vegetables; standard weights of containers for flour, corn meal, hominy and hominy grits.

(1) A barrel for liquids shall contain thirty-one and one-half gallons, and a hogshead two barrels.

(2) A barrel for beer, ale, porter or other similar fermented liquors shall contain thirty-one gallons, each gallon to contain two hundred thirty-one cubic inches; a half barrel, fifteen and one-half gallons; a quarter barrel, seven and three-fourths gallons; an eighth barrel, three and seven-eighths gallons. The capacities of the barrel and its subdivisions enumerated above shall apply to all containers in which beer, ale, porter or other similar fermented liquors are commonly sold, known as barrels, kegs, casks, or any other container made of staves, hoops and flatheads. Reasonable tolerances shall be prescribed by the department for the containers above designated.

(3) (a) A barrel of wheat flour, rye flour, buckwheat 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 measured by weight shall contain 200 pounds.

(b) All sales of any of the commodities mentioned in paragraph (a) in containers of less than one barrel

shall be in containers of net avoirdupois weights of 2 pounds, 5 pounds, 10 pounds, 25 pounds, 50 pounds and 100 pounds.

(4) A barrel for potatoes or other vegetables shall be the same as the standard barrel for apples or pears or other fruit as provided in subsection (6) of this section.

(5) A barrel of unslaked lime shall contain two hundred pounds.

(6) The standard barrel for apples or pears or other fruit, unless otherwise specifically defined, shall have an interior capacity of seven thousand and fifty-six cubic inches, and shall not be less than twenty-six inches between the heads inside; the diameter of the heads shall be seventeen and oneeighth inches, including the beveled edge; the outside bilge or circumference shall be not less than sixty-four inches, the thickness of the staves being four-tenths of an inch; provided, however, that any barrel of a different form, but of an interior capacity of seven thousand and fifty-six cubic inches, shall be a legal barrel.

(7) The standard barrel for cranberries shall measure not less than twenty-five and one-quarter inches between the heads inside; the diameter of the heads shall be sixteen and one-quarter inches, including the beveled edge; the outside bilge, or circumference, shall measure not less than fifty-eight and one-half inches, the thickness of the staves being four-tenths of an inch. But any barrel of different form, but of the same interior capacity shall be considered a legal barrel.

(8) A standard crate, box or basket for apples, pears, plums, peaches, and other fruits not secondarily contained in quart or other boxes within such crate, box or basket, shall have an interior capacity of two thousand one hundred fifty cubic inches exclusive of cover.

(9) A bushel crate of cranberries or blueberries shall have an interior capacity of one bushel struck

measure.

(10) All sales of blackberries, blueberries, currants, gooseberries, raspberries, cherries, strawberries, and similar berries in quantities of less than one bushel shall be by the quart, pint, or half-pint, dry measure, and all berry boxes or baskets sold, used, or offered for sale within the state shall be of the interior capacity of not less than one quart, pint or half-pint, dry measure. In addition to the penalty prescribed in section 98.26, the illegal boxes and baskets and the fruit therein contained may be confiscated in case of violation of the provisions of this subsection.

(11) All sales of fresh fruits or vegetables in containers of less than one bushel dry capacity measure shall be in containers of the standard capacity of one quart, two quarts, three quarts, four quarts, five quarts, six quarts, eight quarts, sixteen quarts or twenty-four quarts standard dry measure, and such receptacles shall in fact contain the full capacity of

such fresh fruits or vegetables, or if in other than standard containers such receptacles for fresh fruits or vegetables shall be plainly and conspicuously marked to indicate the true net weight, measure or numerical count of such fruits or vegetables.

(13) All contracts for the sale of apples, pears, cranberries, or other fruits, potatoes or other vegetables, by the barrel or crate, unless it is otherwise expressly stipulated in writing, shall be construed to mean barrels or crates of the capacity prescribed in subsections (4), (6), (7), (8) and (9) of this sec

tion.

(14) (a) Nothing in this section shall be construed as preventing the sale and shipment into other states of barrels, crates, berry boxes, or baskets of other capacities than those herein specified, nor as prohibiting the use of barrels, crates, berry boxes, or baskets of other capacities than those herein specified for the sale and shipment therein into other states of any of the commodities named or designated in this section.

(b) The requirement of subsection (3) (b) 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 or for export in containers of more than 100 pounds, or (3) specialty cake and pancake-making flours packed in containers the net contents of which are less than 3 pounds, or (4) the exchange of wheat for flour by mills grinding for toll.

(c) The requirement of section 98.04 (4) as to sealing by the sealer of weights and measures shall not be construed as applying to the barrels, crates, boxes, baskets or other containers designated in this section. [1935; last amended 1947.]

Sec. 98.17. Hop boxes.

The standard size of boxes used for picking hops shall be not exceeding three feet long, one and onehalf feet wide and two feet deep, inside measure. [1935]

Sec. 98.18. Standard for grain.

No person shall sell, buy or receive in store any grain at any weight or measure per bushel other than the standard weight or measure per bushel fixed by law; and for any violation hereof the offender shall forfeit not less than five nor more than fifty dollars. [1935]

Sec. 98.19. Grain tester, how used.

No person shall determine the grade of any grain which is bought or received in store at any mill, elevator, warehouse or storehouse by the use of any grain tester that is not sealed in accordance with the United States standard of measure and which sealer is not in accordance therewith at the time it is used. When grain is tested at the instance of the seller the tester shall be filled by pouring the grain into it from a scoop or a similar vessel, and when the

Statutes 1947, Vol. 1, Title XII, Ch. 98-Weights and Measures-Continued.

tester is filled it shall be struck or leveled with three zigzag movements of a straight edge. Any person who shall violate the provisions of this section and thereby cheat or defraud the seller or buyer of any grain shall be punished as is provided in section 98.25. [1935]

Sec. 98.20. Cotton duck: Definition; marking requirements; misrepresentation of true weight.

(1) That for the purposes of this section, cotton duck or canvas shall be deemed to include all cotton duck or canvas, whether single filling, double filling, roll or wide duck.

(2) That for the purposes of this section, the equivalent of thirty-six inches in length by twentynine inches in width or seven and one-fourth square feet of cotton duck or canvas shall constitute a yard, and an ounce shall be one-sixteenth part of a pound avoirdupois.

(3) Any person, company or corporation who shall manufacture for sale or who may offer or expose for sale any cotton duck or canvas, or any article other than clothing and wearing apparel composed or made in whole or in part of cotton duck or canvas, shall distinctly and durably stamp, brand, or mark thereon the true and correct weight of such cotton duck or canvas, by ounces per yard, together with a description by name of any filler or other preparation placed in or on said cotton. duck or canvas since its manufacture.

(4) It shall be unlawful for any person or corporation, either individually or in any representative capacity, to carry for sale, sell or endeavor to sell any cotton duck or canvas as herein defined, or any articles other than clothing and wearing apparel, composed or made in whole or in part of any cotton duck or canvas without having marked thereon the true and correct weight of said canvas or cotton duck by ounces per yard, together with a description by name of any filler or other preparation placed in or on said cotton duck or canvas since its manufacture, or to misstate, misrepresent, or conceal the true weight of said canvas or cotton duck by ounces per yard, or to misstate, misrepresent, or conceal the existence of any filler or other preparation placed

in or on said cotton duck or canvas since its manufacture.

(5) It shall be unlawful for any person or corporation either individually or in representative capacity, selling, carrying for sale or endeavoring to sell any awnings, paulins, wagon covers, tents, grain and hay covers, stable or tent tops to misstate, or misrepresent, or conceal the true and correct size and dimensions thereof.

(6) It shall be unlawful for any person to deface, mutilate, obscure, conceal, efface, cancel, or remove any mark provided for by this section or cause, or permit the same to be done with intent to mislead,

deceive, or to violate any of the provisions of this section. [1935]

Sec. 98.21. Bread: Standard loaves; enforcement.

(1) All bread manufactured, procured, made or kept for sale, offered or exposed for sale, or sold, in the form of loaves for use or consumption within this state, shall be one of the following weights and no other, namely, one pound, one and one-half pounds, or multiples of one pound avoirdupois weight, provided, however, that a variation or toler ance of one and one-fourth ounces in excess or one and one-fourth ounces in deficiency per pound from the weights provided for in this section be allowed in the weight of individual loaves of bread; and the weight of individual loaves of bread shall be held to be the average of at least ten loaves of the same approximate weight and same manufacturer, if that number is available at the time of weighing in any place where bread is manufactured, procured, made or kept for sale, offered or exposed for sale, or sold. If ten loaves are not available, then the weight of individual loaves shall be held to be the average of all available loaves of the same approximate weight and same manufacturer, at the time of weighing in any place where bread in loaves is manufactured, procured, made or kept for sale, offered or exposed for sale, or sold, but in no case shall said number be less than five.

(2) The provisions of this section shall not apply to rolls, buns, biscuits, crackers and similar articles weighing less than four ounces avoirdupois each, nor to stale bread, provided that such bread be conspicuously marked "stale bread," or placed in a container conspicuously marked "stale bread," and sold as and for stale bread.

(3) No person, firm or corporation, by himself, his servant or agent, or as the servant or agent of another person, firm or corporation, shall manufacture, procure, make or keep for sale, offer or expose for sale, or sell, bread in the form of loaves of weights other than provided for in subsection (1) of this section and in excess of the tolerances provided for therein.

(4) City sealers of weights and measures, co-ordinately with the state department of agriculture, shall enforce the provisions of this section. [1935; last amended 1943.]

Sec. 98.22. Inspection of fuel deliveries.

It shall be unlawful to sell or offer to sell in this state any coal, charcoal, or coke in any other manner than by weight. No person, firm, or corporation shall deliver any coal, charcoal, or coke without each such delivery being accompanied by a delivering ticket and a duplicate thereof, on each of which shall be in ink, or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, and the quantity, or quantities of coal, charcoal, or coke, contained in the cart, wagon, or other vehicle used in such de

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liveries, with the name of the purchaser thereof, and the name of the dealer from whom purchased. One of these tickets shall be surrendered to the sealer of weights and measures upon his demand, for his inspection, and this ticket or weight slip issued by the sealer when the sealer desires to retain the original shall be delivered to said purchaser of said coal, or his agent or representative, at the time of the delivery of the fuel; and the other ticket shall be retained by the seller of the fuel. When the buyer carries away the purchase, a delivery ticket showing the actual number of pounds delivered over to the purchaser must be given to the purchaser at the time the sale is made. [1935]

Sec. 98.23. Cheese purchased at wholesale to be weighed before delivery.

Every person, firm or corporation that purchases or engages in the business of purchasing cheese in quantities of fifty pounds or more, in this state shall, in all cases except where otherwise agreed by express contract, correctly weigh or cause to be correctly weighed, each and every box or package thereof, at or before the time that such cheese shall be delivered to the purchaser, or to any common carrier for the purchaser for shipment, and every such person, firm or corporation shall make payment for all such cheese purchased, according to the weight so ascertained, and at the price or amount therefor agreed upon with the owner or vendor of such cheese at the time of such delivery, except for such cheese as shall be found to be of inferior quality by a test thereof made at or before the time of such delivery. [1935] Sec. 98.24. Sale of growing crops; weighing.

Any person, firm or corporation transacting business in this state, that shall enter into any contract for the purchase of any crop that is not ready for immediate delivery, shall in all cases weigh, or cause to be weighed, the crop so purchased, at or before the time such crop is delivered to the purchaser, or to a common carrier at the direction of the purchaser for shipment, and every such person, firm or corporation shall ultimately make payment in full for all of the crop so purchased according to the weight so ascertained

and in case any purchaser shall fail or refuse to comply with his contract as provided in this section, the vendor, in any action prosecuted by him to recover for any crop sold to such purchaser, shall recover as damages for such failure or refusal, double the contract price of such crop at the weight thereof when ready for delivery and offered to or accept by the purchaser. [1935] Sec. 98.25. False weights and measures.

(1) Any person who, by himself or by his agent or servant, or as the agent or servant of another, shall use in the buying or selling of any commodity or thing, or for hire or award, or retain in his possession, any false weight or measure or weighing device; or who shall sell or offer for sale, or have in his posses

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sion for the purpose of selling, any false weight or measure or weighing or measuring device, or any device or instrument to be used or calculated to falsify any weight or measure; or who shall use or retain in his possession, except as expressly provided by statute any weight or measure or weighing or measuring device which has not been sealed by a sealer of weights and measures within one year; or who shall sell, or offer or expose for sale, or keep for the purpose of sale a lesser quantity of any commodity than he represents such quantity to be, or shall take or attempt to take more than the quantity he represents, when, as buyer, he furnishes the weight, measure, or weighing or measuring device, by means of which the amount of commodity is determined; or who shall sell or offer or expose for sale, or keep for the purpose of sale any commodity in a manner contrary to law; or who shall violate any provisions of sections 98.01 to 98.24, for which a specific penalty has not been prescribed; shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment.

(2) Or any person who wilfully, with intent to cheat or defraud the buyer or seller of electric current, gas, water, or steam, shall make or cause to be made or aid in the making of any electric conductor, gas pipe, water pipe, steam pipe, or other instrument or contrivance, or any connection as to conduct or supply or intended to conduct or supply electric current, gas, water, or steam to any lamp or motor or machine or burner or orifice or appliance from which such electricity, gas, water, or steam may be consumed or utilized, without passing through or being registered by a meter; or any person who shall wilfully use a false meter for the measurement of electric current, gas, water, or steam in the buying or selling of the same; or who shall wilfully obstruct or interfere with the working of any meter used for such purposes, so as to cause or be intended to cause a false registration of the amount of electric current, water, gas, or steam consumed with the intent to cheat or defraud the seller or buyer of such electric current, gas, water, or steam, shall be punished by imprisonment in the county jail not more than one year or by a fine not exceeding five hundred dollars; but in case the amount of damages occasioned by such cheat or fraud shall not exceed twenty dollars, he shall be punished by imprisonment in the county jail not more than three months or by fine not exceeding one hundred dollars; and in computing the amount of damages occasioned, the value of such electric current, water, gas, or steam shall be the regular current price therefor, charged to the consumer by the seller thereof.

(3) Sections 98.01 to 98.24 do not prohibit the use, in good faith, of any unsealed weight or measure or weighing or measuring device acquired by any person after the sealer's last visit to him for the purpose of sealing his weights and measures, or

Statutes 1947, Vol. 1, Title XII, Ch. 98—Weights and Measures Continued.

inspecting any sealed weight or measure or weighing or measuring device in his possession after the expiration of one year next after the last inspection and sealing thereof, provided the person has notified the city sealer, in cities subject to the provisions of section 98.04, or, in all other cases, the department, in writing, signed by him, of the fact that he has such weight or measure or weighing or measuring device, giving the number and a general description thereof, and the place where it may be found, and has received a written and signed acknowledgment of said notice from the city sealer or the department. [1935; last amended 1943.]

Sec. 98.26. Penalties.

(1) Any person, firm or corporation who shall violate any of the provisions of sections 98.13, 98.14, 98.15, subsection (10) of section 98.16, sections 98.20, 98.21 or 98.23 shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than sixty days.

(2) Whoever in any manner whatsoever impersonates or hinders the state department of agriculture or any inspector or any sealer of weights and measures, in the performance of their official duties shall be punished by a fine of not less than ten nor more than than one hundred dollars. [1935; last amended 1943.]

Statutes 1947, Vol. 1, Title XII, Ch. 93-Department of Agriculture.

Sec. 93.01. Definitions of terms used in chapters 93 to 100.

The following terms, wherever used in chapters 93 to 100 or in any order, regulation or standard made thereunder, have the meaning here indicated, unless the context otherwise requires:

(1) "Department" means the state department of agriculture.

(2) "Director" means the director of the depart

ment.

(5) "Marketing," as applied to receptacles, means using receptacles in marketing food products or farm products.

(6) "Possession," as applied to receptacles, means possessing them in the course of possessing food products or farm products for commercial purposes.

(7) "Possession," when used in sections 93.09 and 93.10, means possession after the product or receptacle is ready for marketing.

(8) "Products" include all articles and commodities in general use.

(9) "Food products" includes all articles and commodities used for food, drink, confectionery or condiment.

(10) "Farm products" includes all products of

agriculture, horticulture, dairying, live stock, poultry and bee raising.

(11) "Grade" includes, in the case of food products or farm products, grade according to quality, quantity, type, variety, size, weight, dimensions or shape of the products, and, in the case of receptacles, grade according to quality, type, size, weight, content, dimensions, or shape of the receptacle. [1935; last amended 1945.]

Sec. 93.07. Rules and regulations; enforcement.

It shall be the duty of the department: (1) To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of the provisions of chapters 93 to 100, which regulations shall have the force of law.

(23) To enforce the provisions of chapters 93 to 100 and all other laws entrusted to its administration, and especially:

(a) To enforce the laws regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product, the adulteration or misbranding of any articles of food or drink, or condiment or drug and to inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink or condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful, and to prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug. [1935; last amended 1947.]

Sec. 93.08. Right of entry.

The department and its authorized agents have power to enter, within reasonable hours, any field, orchard, garden, packing ground, building, freight or express office, warehouse, car, vessel, vehicle, room, cellar, storehouse, cold storage plant, packing house, stockyard, railroad yard or any other place, which it may be necessary or desirable for them to enter in performing their duties or in enforcing the laws intrusted to their administration. They have power, for such purposes, to open any box, carton, parcel, package or other receptacle, inspect the contents thereof, and, upon payment or tender of

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