fractional ounce weights in the following number and denomination: One eight-ounce, one four-ounce, one two-ounce, two one-ounce, one one-half-ounce, one one-quarter-ounce, one one-eighth-ounce, and two one-sixteenth-ounce. Twenty test weights each of fifty pounds for testing platform scales and other large scales, if the same are to be tested. One equal arm balance of capacity of fifty pounds to onesixteenth of an ounce. [1909]

Sec. 83-128. Testing and sealing upon request.

The state sealer, deputy state sealers, county and local sealers shall try and prove all weights, measures, balances and measuring devices when requested so to do, and when the same are found or made to conform to the authorized standards they shall seal and mark such weights, measures, balances and measuring devices with a seal to be kept by them for that purpose. When any weight, measure, balance or measuring device is found by any authorized inspector or sealer to be false or untrue or not of an approved type, or which does not conform to the standards, or which cannot be made to conform to the standards by such means as the said inspector or sealer may have at his disposal, he shall condemn the same and tag or mark it condemned in a conspicuous manner. [1949]

Sec. 83-131. Entry on premises by sealers; penalty for unlawful acts.

All state, county and local sealers, or their deputies and other authorized inspectors of weights and measures, shall have full power to enter any premises in or on which any weights, measures, balances or measuring devices may be located or used for the purposes of trade, for the purpose of inspecting, adjusting and sealing or condemning the same. Whoever hinders, obstructs, or in any way interferes with any sealer or other person authorized to inspect weights and measures, while in the performance of said inspection, or whoever fails to produce, upon demand by such authorized sealer or inspector, all weights, measures, balances or measuring devices in or upon his place of business or in his possession for use in manufacture or trade, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than five dollars nor more than one hundred dollars. [1909]

Sec. 83-132. Penalty for sealing or condemning without testing.

Any state or local sealer or deputy who shall seal any weight, measure, balance or measuring device before first testing and making the same conform to the authorized standard, or who shall condemn any weight, measure, balance or measuring device without first testing the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than five dollars nor more than one hundred dollars.

[1909]

Sec. 83-133. Records and reports of local sealers.

The several county and municipal sealers and other persons authorized to inspect weights and measures shall keep records of all weights and measures, balances and measuring devices inspected, sealed or condemned by them, giving the name of the owner or agent, the place of business, the date of inspection, and kind of apparatus so inspected, sealed or condemned, and shall make an annual report of the same to the state sealer on or before the first day of September of each year, giving, in addition to the above, an inventory of the standards and apparatus in his possession, and such other informa tion as he may deem important or that the state sealer may require. [1909]

Sec. 83-134. Departments of inspection by cities or municipalities; sealer and deputies, appointment and compensation; quarters and equipment.

Any city or municipality in the state may estab lish a department of public inspection of weights and measures, and shall have power to appoint a sealer and deputies and fix their compensation, and to pass such ordinances not in conflict with the state laws as may be deemed necessary; and if a city or municipality shall establish such a department it shall provide the sealer with suitable quarters, a set of standards as hereinbefore specified in this act [Secs. 83-101-83-109, 83-115-83-136], and all other equipment for the proper performance of his duties. All city and municipal standards shall be tried, proved and sealed under the direction of the state sealer, and shall be returned to him for verification at least once in every five years. [1909] Sec. 83-135. Investigations by local sealers.

The county or local sealer who may have reason to believe that any weight, measure, balance or measuring device used in trade is inaccurate, or not according to the standard, shall have authority to make an immediate examination of the same and require that the same be tried and tested and conform to the standards herein required. [1909]

Sec. 83-136. Cooperation by state board of health and food and drug inspectors with state and local sealers.

It is hereby made the duty of the state board of health, and its several food and drug inspectors, to cooperate with the state and local sealers in carrying out the provisions of this act [Secs. 83–101— 83-109, 83-115-83-136] and all other acts relating to weights and measures, and the said food and drug inspectors are hereby authorized and empowered to act as inspectors of weights and measures used in trade. The state board of health shall procure, at the expense of the state, a full set of standard weights, measures and balances, including sets of standard apothecary's weights and measures, and cause the same to be proved and sealed by the state standards under the direction of the state sealer, together with the necessary working sets of weights,

General Statutes Annotated 1935, Ch. 83-Weights and Measures-Continued. measures, balances and measuring devices for the use of the said inspectors, which must be officially sealed, and such weights and measures, balances and measuring devices provided for such inspectors shall be competent evidence in all courts in this state in criminal or civil actions. [1909]

Sec. 83-137. Oils: Standard weight per gallon; sale.

Whenever any of the following named articles shall be contracted for or sold or delivered by wholesale or in the original packages within the state of Kansas, and no special contract or agreement shall be made to the contrary, such sale and all computations for payment and settlement therefor shall be by weight. The weight per gallon shall be as follows: Naphtha, five and three-fourths pounds; kerosene oil, six and one-half pounds; paraffine oil, seven and one-half pounds; castor oil, eight pounds; olive oil, seven and five-eighths pounds; linseed oil, raw, seven and one-half pounds; linseed oil, boiled, seven and one-half pounds; menhaden oil, seven and one-half pounds; cod-liver oil, seven and one-half pounds; whale oil, seven and one-half pounds; lard oil, seven and one-half pounds; neat'sfoot oil, seven and one-half pounds; sperm oil, seven and one-fourth pounds; turpentine, seven pounds; miners' oil, seven and one-half pounds; gasoline, seven and one-fourth pounds. [1885]

Sec. 83-138. Same: Civil liability for taking greater number of pounds to gallon or giving less number of pounds. Whoever in buying any of the articles mentioned in the preceding section shall take any greater number of pounds thereof to the gallon, or in selling any of said articles shall give any less number of pounds thereof to the gallon, than is allowed by said section, with intent to gain advantage thereby, except when expressly authorized so to do by special contract or agreement to that effect, shall be liable to the party injured in double the amount or value of the property so wrongfully taken or not given, and ten dollars in addition thereto, to be recovered in any court of competent jurisdiction. [1885] Sec. 83-139. Sale of grain, seed, hay or coal; penalty for fraudulent practices; authority of agent, proof.

Every sale of grain, seed, hay or coal shall be deemed to be made on the basis of the actual weight thereof, unless a different basis is established by the express agreement of the parties to the transaction. Any purchaser of grain, seed, hay or coal who, without express agreement with the seller thereof, shall knowingly deduct any quantity or amount from the actual weight or measure of the article purchased, and withhold payment therefor under claim of right so to do by reason of any custom, rule of a board of trade or any other pretense whatsoever, shall be deemed guilty of a misdemeanor, and subject to a fine of not less than twenty-five dollars nor

more than one hundred dollars for each and every offense. No agent or broker selling grain, seed, hay or coal for the owner thereof shall be presumed to have authority to sell any grain, seed, hay or coal on a basis other than that of the actual weight or quantity thereof, but express authority to allow any deduction must be proved. [1905]

Sec. 83-140. Same: Civil liability for deduction from actual weight or measure; attorney's fees.

In case any purchaser of grain, seed, hay or coal shall deduct any amount from the actual weight or measure thereof, and shall knowingly withhold from the seller the purchase price of the quantity so deducted without the express agreement of the seller thereof, such seller may recover from such purchaser three times the amount so withheld, together with reasonable attorney's fees, to be taxed in each court in which the action may be brought or to which an appeal may be taken. [1905] Sec. 83-141. Measuring device defined.

The word "measuring device" as used in chapter 83 of the General Statutes of 1935, and all acts amendatory thereof or supplemental thereto shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments. [1947]

Sec. 83-142. Transfer of state standards.

The state sealer of weights and measures shall obtain from the chancellor of the university of Kansas, and the chancellor shall deliver to the state sealer, such authorized public standards of weights and measures and balances and other apparatus of all kinds furnished by the government of the United States and owned by the state. The state sealer of weights and measures is hereby authorized to take possession of said property and is herewith required to maintain the same in the manner provided by law. [1947]

Laws 1949, Ch. 511-Weights and Measures.

Sec. 3. Registration for removal of condemnation tag.

It shall be unlawful for any person, other than an authorized inspector or sealer, to remove a condemnation tag or mark from any weighing or measuring device, without first having registered with the state sealer. An application for such registration shall be on a form to be supplied by the state sealer and shall supply such information as is required by him. All registrations for such purpose shall expire on December 31 of each even numbered year, following date of issuance. All registrants who shall remove such condemnation tags or marks shall make a report to the state sealer of such removal and of repair work performed within five days after such removal. Registration may be re

fused and registrations may be canceled by the state sealer, for failure of the registrant to make required reports or for unsatisfactory workmanship: Provided, That registrations shall not be so canceled until after a registrant shall have been given ten days notice of a hearing thereon, and an opportunity to be heard. [1949]

General Statutes Annotated 1935, Ch. 13, Art. 4Cities of the First Class.

Sec. 13-437. Powers: Weights and measures.

To prescribe rules for weighing and measuring every kind of commodity sold in the city, in all cases not otherwise provided for by law, and may provide for the inspection of grain and weighing of hay, grain, coal, and measuring of wood and other fuel, and determine the place or places of weighing or measuring the same, and regulate and prescribe the place or places of exposing for sale hay, coal, and wood, and fix the fees and dues [duties] of the persons authorized to perform the duties named in this section;

[1903]

General Statutes Annotated 1935, Ch. 13, Art. 5— Cities of the First Class.

Sec. 13–527. Powers: Appointment of weighers.

The mayor, by and with the consent of the council, or the city commission, as the case may be, may appoint a market master, weighmaster, inspector and weigher of produce, but no such officer shall be appointed until his term of office and salary shall have been fixed by ordinance; The term of all elective or appointive officers shall be two years, *. [1903; last amended 1935.]

General Statutes Annotated 1935, Ch. 14, Art. 4— Cities of the Second Class.

Sec. 14-426. Powers: Weights and measures.

The council may prescribe rules for the weighing and measuring of every commodity sold in the city in all cases not otherwise provided for by law, and may provide for the inspection and weighing of hay, grain and coal, the measuring of wood and fuel, and determine the place or places of the same, and regulate and prescribe the place or places of exposing for sale hay, coal and wood, and fix the fees and duties of the persons authorized to perform the duties named in this section. [1872]

General Statutes Annotated 1935, Ch. 15, Art. 4Cities of the Third Class.

Sec. 15-441. Powers: Weights and measures.

In addition to the other powers provided by law, the governing body of cities of the third class may provide by ordinance for the inspection and weighing of hay, grain, coal, cattle and hogs, and for the measuring of wood for fuel, and determine the place or places of the same, and regulate and pre

scribe the place or places of exposing for sale hay, coal, and wood; may purchase and locate scales for such weighing, appoint a weighmaster, and prescribe his duties and fees. The council shall require such weighmaster to give a proper bond to the city, for the faithful performance of his duties: Provided, That in no case shall there be any greater charge made for weighing than five cents for a single draft. [1883]

General Statutes Annotated 1935, Ch. 2, Art. 10— Commercial Feeding Stuffs.

Sec. 2-1001. Definition.

The term "commercial feeding stuffs" shall be held to include all feeding stuffs used for feeding livestock and poultry, except the following: (a) Whole seeds or grains. (b) The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, and milo. (c) Whole hays, straws, cottonseed hulls and corn stover, when unmixed with other materials. (d) All other materials consisting of 60 percentum or more of water. [1923] Sec. 2-1002. Marking requirements.

Every lot, package, bag or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this state shall have printed or stenciled thereon or affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language clearly and truthfully stating: (A) (a) the net weight of the contents of the package, bag or parcel; [1923; last amended 1945.]

Sec. 2-1011. Violations; penalties; seizure.

(1) It shall be deemed a violation of this act [Secs. 2-1001-2-1013] for any manufacturer, importer, jobber, firm, association, corporation or person to sell, offer or expose for sale, or distribute in this state any commercial feeding stuffs:

(D) which is not labeled as required by the provisions of this act and the rules and regulations issued thereunder; (E) which bears a false or misleading statement on the label or the advertising accompanying the feeding stuffs;

(2) It shall be deemed a violation of this act for any manufacturer, importer, jobber, firm, association, corporation or person to: (G) mutilate, destroy, obliterate or remove the label or any part thereof, or do any act which may result in the misbranding or false labeling of such commercial feeding stuffs;

Any manufacturer, importer, jobber, firm, association, corporation or person who shall be guilty of a violation of the provisions of this act or the rules and regulations promulgated and adopted upon conviction thereon shall be fined not more

General Statutes Annotated 1935, Ch. 2, Art. 10— Commercial Feeding Stuffs-Continued.

than one hundred dollars for the first violation and not less than one hundred dollars nor more than five hundred dollars for each subsequent violation. Any feeding stuffs misbranded or adulterated or which is offered or exposed for sale in violation of any of the provisions of this act shall be subject to seizure and condemnation or sale as the court may direct; [1923; last amended 1945.]

Sec. 2-1013. Enforcement; rules and regulations.

The secretary of the state board of agriculture is hereby empowered to enforce the provisions of this act [Secs. 2-1001-2-1013] and to pre

scribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as he may deem necessary to carry into effect the lawful intent and meaning of this act. [1923]

General Statutes Annotated 1935, Ch. 2, Art. 11— Dressed Poultry.

Sec. 2-1113. Injection increasing weight prohibited.

It shall be unlawful for any person, firm or corporation to inject, or cause to be injected, water or any other substance by means of what is known as a "needle" or "watergun" or by any other means, into dressed poultry that is prepared and/or offered for sale or sold in the state of Kansas, when such injection would increase the weight of such poultry. [1933]

Sec. 2-1114. Same: Sale prohibited.

It shall be unlawful for any person, firm or corporation to knowingly sell, or offer for sale, or cause to be sold or offered for sale, in the state of Kansas, any dressed poultry into which has been injected, by means of a "needle" or "watergun" or by any other device, any water or other substance which would increase the weight of such poultry. [1933] Sec. 2-1115. Same: Penalty.

Any person, firm or corporation violating any of the provisions of this act [Secs. 2-1113-2-1115], shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed five hundred dollars ($500), or by imprisonment in the county jail for not to exceed ninety days, or by both such fine and imprisonment. [1933]

General Statutes Annotated 1935, Ch. 2, Art. 12Commercial Fertilizers.

Sec. 2-1201. Definition.

(1) The term "commercial fertilizer" means any substance designed, intended, used or susceptible for use to supply food for plants or to increase crops produced by land, except the following: (a) Limestone (calcium carbonate), (b) dolomite (calcium magnesium carbonate), (c) lime (calcium oxide),

(d) slaked lime (calcium hydroxide), (e) gypsum (calcium sulphate), (f) the dung of domestic animals, (g) compost, and (h) fertilizer materials.

(2) The term "fertilizer materials" means any substance containing plant food elements or compounds in possession of manufacturers for use in compounding mixed commercial fertilizers. [1949]

Sec. 2-1204. Marking requirements.

(1) Every package or container of commercial fertilizer shall bear a distinctly printed label in the English language on a tag attached to the package or container, or distinctly printed on the package or container. The label shall show and state:

(a) The name and address of the person registering the commercial fertilizer;

(b) The brand and grade of the commercial fertilizer;

(c) the net weight in the package or container,

(2) Bulk lots shall be accompanied by a label which shall be delivered to the purchaser showing the information required by this section. [1949] Sec. 2-1208. Penalty for violations; seizure.

(1) It shall be deemed a violation of this act [Secs. 2-1201-2-1210] for any person to sell, offer or expose for sale, or distribute in this state any commercial fertilizer or to take or receive from any person in this state any order for any commercial fertilizer, or to directly or indirectly contract with any person for the sale of any commercial fertilizer which commercial fertilizer: (b) is not

labeled as required by the provisions of this act and the authorized rules and regulations; (c) bears a false or misleading statement on the label or the advertising accompanying the commercial fertilizer.

(2) It shall be deemed a violation of this act for any person to: (a) Mutilate, destroy, obliterate or remove the label or any part thereof; or do any act which may result in the misbranding or false labeling of any commercial fertilizer;

(3) Any person who shall violate any of the provisions of this act or the rules and regulations issued thereunder, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars for the first violation and not less than one or more than five hundred dollars for each subsequent violation.

(4) Any commercial fertilizer not in compliance with the provisions of this act shall be deemed a nuisance and shall be subject to seizure in a proceeding before a court of competent jurisdiction. [1949]

Sec. 2-1208a. Hearing before criminal proceedings.

If it shall appear to the secretary [of the state board of agriculture] or his authorized representative from examination or analysis of an official

sample of a commercial fertilizer that the commercial fertilizer is falsely labeled or fails to comply with the provisions of this act [Secs. 2-12012-1210], the secretary, before instituting criminal proceedings, shall cause notice to be given to the person in possession of the commercial fertilizer and the registrant that a hearing in relation thereto will be held at a date and place named in said notice. [1949]

Sec. 2-1210. Enforcement; rules and regulations.

The secretary [of the state board of agriculture] is hereby authorized and empowered to enforce the provisions of this act [Secs. 2-12012-1210], and amendments thereto, and to prescribe and enforce such rules and regulations relating to commercial fertilizers as he may deem necessary to carry into effect the full intent and meaning of this act. [1949]

General Statutes Annotated 1935, Ch. 2, Art. 18Binder Twine.

Sec. 2-1801. Registration.

It shall be unlawful to sell, expose or offer for sale or distribute in this state any agricultural binder twine which has not been officially registered by the secretary of the state board of agriculture. Any person or persons, association, partnership, firm or corporation desiring to sell, expose or offer for sale or distribute any agricultural binder twine to dealers, jobbers or consumers within this state shall make application to the secretary of the state board of agriculture for registration of the same, and shall submit an affidavit clearly and truly setting forth the number of feet to the

pound, the tensile strength, amended 1939.]

Sec. 2-1802. Labeling of containers.

[1935; last

Every bale, bag, case or other container of agricultural binder twine sold, exposed or offered for sale or distributed within this state, by sample or otherwise, shall bear a distinctly printed label or tag in the English language, truly stating:

second, the gross and net weights; third, the number of feet to the pound; fourth, the tensile strength; ⚫. [1935]

Sec. 2-1803. Labeling of each ball, skein or spool.

*

Every ball, skein, spool or other quantity less than a bale, bag, case or other container of agricultural binder twine shall bear a label, tag or stamp in the English language truly stating; second, the number of feet to the pound; third, the tensile strength; Provided, That a deficiency not exceeding four percent of the length per pound and/or the tensile strength shall not be construed to be a violation of any of the provisions of this act [Secs. 2-1801-2-1804]. [1935]

For the purpose of this act [Secs. 2-22012-2215]: (a) The terms "agricultural chemical" and "economic poison" shall be construed as synonymous terms, and shall mean and include any substance or mixture of substances labeled, designed or intended for use in preventing, destroying, repelling, or mitigating any insects, rodents, predatory animals, fungi, weeds, and any substance labeled, designed or intended for use as a defoliant, and other forms of plant or animal life or viruses, which the secretary shall declare to be a pest. Viruses on or in living man or other animals are specifically excepted and excluded from this definition. Drugs recognized by the United States pharmacopoeia or the national formulary, the label of which bears the descriptive abbreviations for these compendia, U. S. P. or N. F. as the case may be, are specifically this definition. excepted and excluded from [1947]

Sec. 2-2203. Marking requirements.

(a) It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (4) Any agricultural chemical,

unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing the following: * (c) the minimum

net weight or measure of the contents: Provided, That herbicides shall be labeled to state the net weight of contents. [1947]

Sec. 2-2206. Enforcement.

(a) The examination of agricultural chemicals shall be made under the direction of the secretary [of the Kansas state board of agriculture], or his authorized representative, for the purpose of determining whether they comply with the requirements of this act [Secs. 2-2201-2-2215].

[1947]