Code Annotated, Book 14, Title 42, Ch. 42-5Testing of Milk and Cream-Continued.

or the weight of one gram of distilled water at four degrees centrigrade. The Commissioner of Agriculture shall from time to time make tests of individual bottles and pipettes in use, in order to ascertain whether the above provisions are being complied with, and shall report any violations to the Attorney General. [1929; last amended 1935.] 1 Penalty for violation of Sec. 42-507, see Sec. 42-9912, page 242.

Code Annotated, Book 14, Title 42, Ch. 42-8—“Uniform Narcotic Drug Act."

Sec. 42-811. Marking requirements.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a norcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. [1935]

Sec. 42-820.1 Enforcement officer.

It is hereby made the duty of the Commissioner of Agriculture, his officers, agents, inspectors, and representatives, and of all peace officers within the State, and of all prosecuting attorneys, to enforce all provisions of this Chapter [Secs. 42-801-42822], except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other States, relating to narcotic drugs. [1935]

1 Penalty for violating Ch. 42-8, see Sec. 42-9917, 242. page Code Annotated, Book 14, Title 42, Ch. 42-9, Secs. 42-901 to 42-919-Eggs.

[ED. NOTE. These sections comprise requirements for the grading of eggs including minimum weights for the different size grades, and are not given in detail because the requirements relate primarily to quality.]

Code Annotated, Book 14, Title 42, Ch. 42–99— Penalties for Violations of Title 42.

Sec. 42-9901. Misbranded food; penalty.

It shall be unlawful for any person to manufacture, sell or offer for sale, any article of food, or liquors, which is adulterated or misbranded, within the meaning of Chapter 42-1 [Secs. 42-101-42-118]. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed $500, or shall be sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court; and for each subsequent offense, and on conviction thereof shall be fined not exceeding $1,000, or sentenced to one

year's imprisonment, or both such fine and imprisonment, in the discretion of the court: [1906]

Sec. 42-9902. Failure to stamp weights on sacks of flour and meal.

If any miller or manufacturer of flour or corn meal, or any merchant or dealer offering said articles for sale, shall fail to stamp or have printed on each sack in which either of said articles is packed, in plain figures, not less than one and onehalf inches in length, the exact weight of the contents thereof, he shall be guilty of a misdemeanor: Provided, that this section shall not apply to grist ground for toll, nor to millers, merchants, or dealers, selling flour or meal in quantities less than a full sack, or in any quantities when sold by weight. [1889; last amended 1890-1]

Sec. 42-9904. Violation of sections relating to packing, etc. of flour, etc.

Any person who shall violate sections 42-301, 42-302, and 42-303, relating to packing, marking, and weighing flour, grits, and corn meal, shall be guilty of misdemeanor. [1906]

Sec. 42-9912. Punishment of dealer in milk products for using unlawful bottles and pipettes.

Any dealer who uses, 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 section 42-507, relating to such articles, shall be guilty of a misdeameanor. [1929]

Sec. 42-9917. Violation of Uniform Narcotic Drug Act.

Any person violating any provision of Chapter 42-8 [Secs. 42–801—42–822] shall be guilty of a felony, and shall, upon conviction, be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than 10 years: Provided, that the jury on the trial may recommend that the defendant be punished as for a misdemeanor, and if the trial judge shall approve the recommendation the defendant shall be so punished. [1935]

Sec. 42-9922. Violation of Chapter 42-2 relating to commercial feeding stuff.

*

Any manufacturer, mixer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or distribute in this State, any commercial feeding stuffs without having attached thereto, or furnished therewith, such labels as required by the provisions of Chapter 42-2 [Secs. 42-201-42-212], *, or shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said Commissioner of Agriculture or his authorized agent in the performance of his duty in conection with the provisions of said Chapter, or who shall sell, offer or expose for sale or distribute in this State any commercial feeding stuffs as defined in section 42-201, without com

plying with the provisions of said Chapter,

or violate any other provision of said Chapter, or official rules and regulations relative thereto, shall be deemed guilty of a violation of said Chapter, and upon conviction thereof shall be fined not more than $100 for the first violation, and not less than $100 for each subsequent violation, or upon failure to pay same shall be punished as for a misdemeanor. [1987]

Code Annotated, Book 14, Title 45, Ch. 45-8Oysters.

Sec. 45-812. Marking of oyster containers.

Each package containing oysters canned in this State, or raw shucked oysters, or oysters in the shell, gathered in this State, shall be stamped by the canner, dealer, or distributor, with the quantity of oysters contained in each can, barrel or other package in which the same are offered for sale within the State or shipped therefrom. [1924]

Sec. 45-817. Oyster measures; specifications; destruction; penalty.

All oysters sold in the shell in tidewater Georgia shall be measured in circular tubs, with straight sides, straight and solid bottoms, with holes in the bottom not more than one-half inch in diameter. A bushel tub shall measure 18 inches from the inside across the bottom, and 21 inches from the bottom to the top or chine. All measures used for buying or selling oysters shall have a brand, to be adopted by the Commissioner of Game and Fish, stamped thereon by the Commissioner or his lawful inspectors or patrolmen. All measures found in the possession of any person not meeting the requirements of this section shall be detroyed by the Commissioner of Game and Fish. Any person or persons violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $50 or imprisoned for not less than 10 days nor more than 30 days in the discretion of the court. [1924; last amended 1931.]

Code Annotated, Book 22, Title 73, Ch. 73-1-Paint. Sec. 73-101. Enforcement officer; rules and regulations.

The chief drug inspector is hereby charged with the proper enforcement of all the provisions of this Chapter [Secs. 73-101-73-106], and is empowered to formulate and promulgate such rules and regulations as may be necessary in carrying out the purposes of this Chapter. * [1920; last amended 1939.]

Sec. 73-102. Definition.

The term "paint," as used in this Chapter [Secs. 73-101-73-106], shall include white lead basic, carbonate of sublimate, in any kind of oil, or any

compound intended for the same use, paste or semipaste, and liquid or mixed paint ready for use. [1920]

Sec. 73-103. Marking requirements.

The labels on containers of paints shall clearly and distinctly state the quantity contained in the package; this, in the case of liquid or mixed paints, to be designated in United States standard gallons or fraction thereof, and in the case of paste or semipaste paints, such as are commonly sold by weight, to be shown by weight avoirdupois. Said labels shall be printed in the English language in plain, legible type. [1920]

Sec. 73-106.1 Same: Prima facie evidence.

Having in possession by any person or persons, firm or corporation, or agent or employee of any person or persons, firm or corporation dealing in said articles, of any article hereinbefore described and not properly labeled, shall be considered prima facie evidence that the same is kept by such person, firm or corporation, in violation of the provisions of this Chapter [Secs. 73-101-73-106] and punishable under it. [1920]

1 Penalty for violation of Secs. 73-101-73-106, see Sec. 739901, page 244.

**

it shall be the duty of the Comptroller General to appoint six oil inspectors, [1927; last amended 1937.]

Sec. 73–220.1 Inspection of self-measuring pumps; condemnation.

It shall be the duty of the inspectors herein provided for to familiarize themselves with the accuracy and adjusting devices on the various makes of selfmeasuring pumps in use, and they shall carefully inspect all of such pumps located in the territory assigned to them at least once every 90 days. When such pumps shall be found to be giving [accurate measure with a variation of not exceeding four ounces from the 12 actual measure on a measurement of five gallons, the inspector shall place a lead and wire seal, to be provided by the Comptroller General, on the adjusting device or devices in such way that the adjustment cannot be altered without breaking the seal. If any pump shall be found to be giving inaccurate measure in excess of four ounces, the inspector shall then and there notify

Code Annotated, Book 22, Title 73, Ch. 73-2Gasoline and Oils-Continued.

the operator of the pump, whether owner or lessee, to make the necessary adjustments, the inspector to lend his assistance with the standard measure provided for testing such pumps; after the adjustments shall have been made, the adjusting devices shall be sealed in the manner provided for those pumps found originally accurate. The inspector shall notify the operator (whether owner or lessee) of every pump that apparently has been altered for the purpose of giving short measure in excess of eight ounces on a measure of five gallons, or that cannot be adjusted within a range of eight ounces, either over or under, on a measure of five gallons, that it must immediately be adjusted, the inspector to lend his assistance with the standard measure for testing such pumps. Should the operator fail or refuse to then and there make such adjustments as shall be necessary to bring the measure within the allowed variation, the same shall be condemned and dismantled immediately by the inspector examining the same, and such pump shall not again be operated without the written consent of the Comptroller General. Inspectors shall be required to report to the Comptroller General immediately the name and number of all pumps condemned and dismantled. When any pump shall be condemned under the provisions of this Chapter [Secs. 73-201– 73-227] by any inspector, it shall be the duty of the inspector to immediately make affidavit, before the ordinary of the county in which the pump is located, that the said pump is being operated by the person who shall be named in the affidavit, contrary to law; and thereupon the ordinary shall issue an order to the person named in the affidavit to show cause before him on the day named in the order, not more than 10 days nor less than three days from the issuance of the order, why the said pump should not be confiscated and dismantled. On the day named in the order, it shall be the duty of the said ordinary to hear the respective parties and to determine whether or not the pump has been operated contrary to the provisions of this Chapter, and if the said ordinary shall find that the said pump has been so operated, then he shall forthwith issue an order adjudging the pump to be forfeited and confiscated to the State, and direct the sheriff of the county to dismantle the said pump and take same into his possession, and, after 10 days' notice by posting or publication, as the court may direct, to sell the pump to the highest bidder for cash; the proceeds of said sale, or as much thereof as may be necessary, shall be used by the sheriff, first, to pay the cost, which shall be the same as in cases of attachment, and the sheriff shall thereupon pay over and deliver the residue, if any, to the person from whose possession the pump shall have been taken. It shall be unlawful to install or operate any self-measuring pump, which can be secretly

manipulated in such manner as to give short measure. Such inaccurate self-measuring pump shall be condemned as heretofore provided in this section, and thereafter it shall be unlawful for any person to sell any kerosene or gasoline from such pump until such pump shall have been made or altered so as to comply with the provisions of this Chapter and shall have been inspected and approved for service by the inspector. It shall be unlawful for anyone to break a seal applied by an inspector to a pump, without first securing consent of the Comptroller General, which consent may be given through one of the duly authorized inspectors. [1927]

1 Penalty for operating condemned pump, see Sec. 73-9905, page 244. Punishment for operating short-measure pump, see Sec. 73-9906, page 245.

2 The material in brackets is not included in the code section but may be found in the original act (Acts 1927, pp. 286, 288). Sec. 73-222.1 Short measure.

3. in any manner whatsoever which may deceive, or have the effect of deceiving the purchaser of such products as to the nature, quality or quantity of the products so stored, sold, exposed or offered for sale. [1937]

1 Penalty for violation of Sec. 73-222, see Sec. 73-9907, page 245. Code Annotated, Book 22, Title 73, Ch. 73–99— Penalties for Violations of Title 73.

Sec. 73-9901. Selling deceptively labeled paint.

Whoever shall sell, or offer or expose for sale, any paint which shall be labeled or marked in such manner as to tend to deceive the purchaser as to its nature or composition, or which shall not be accurately labeled, as required in Chapter 73–1 [Secs. 73-101-73-106], shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be punished by a fine of not less than $25 and not more than $100, or by imprisonment in the county jail not exceeding 60 days. [1920]

Sec. 73–9902. Violation of petroleum products law.

Any person or association of persons, firm, or corporation, who shall violate any of the provisions of Chapter 73-2 [Secs. 73-201-73-227], relating to inspection, labeling, sale, etc., of gasoline, kerosene, and other petroleum products, or any rule or regulation promulgated by the Comptroller General for the enforcement of said Chapter, shall, upon conviction thereof, be punished as for a misdemeanor. [1927]

Sec. 73-9905. Operating condemned self-measuring gasoline pumps.

Any person, company, firm, or corporation who shall reinstall and operate any pump, without the

written consent of the Comptroller General, which has been condemned by a duly authorized inspector as provided for in Chapter 73-2 [Secs. 73-20173-227] because of giving short measure in excess of eight ounces to the measurement of five gallons, shall be deemed guilty of a misdemeanor. [1927] Sec. 73-9906. Operating short-measure gasoline pumps.

Any person, company, firm, or corporation who shall install or operate a self-measuring pump which has a device or other mechanical means used for the purpose of giving short measure, shall, upon conviction thereof, be punished as for a misdemeanor. [1927]

Sec. 73-9907. Misbranding of petroleum products.

Any person or association of persons, firm or corporation who shall violate any of the provisions of sections 73-222 ⚫, inclusive, for pre

venting deception, substitution and misbranding of liquid fuels, oils, grease, and similar products, shall upon conviction thereof be punished as for a misdemeanor. [1937]

Code Annotated, Book 10, Title 27, Part VI, Ch. 27-25-Misdemeanors.

Sec. 27-2506. Penalty for misdemeanors.

Except where otherwise provided, every crime declared to be a misdemeanor shall be punishable by a fine not to exceed $1,000, imprisonment not to exceed six months, to work in the chain gang on the public roads, or on such other public works as the county or State authorities may employ the chain gang, not to exceed 12 months, any one or more of these punishments in the discretion of the judge: [1865-6; last amended 1908.]