*

A livestock remedy shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular; (b) if its container is so made, formed, or filled as to be misleading or deceptive; (d) if any word, statement, or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (e) if its composition tity falls below or differs from that which is purported or is represented to possess by its labeling:

or quan

(2) It shall be deemed a violation of this act for any person: (E) To alterate, mutilate, destroy, obliterate or remove the label or any part thereof, or to do any act which may result in the misbranding or false labeling of such article;

(G) To impede, obstruct, hinder, or otherwise prevent, or attempt to prevent, the secretary [of the State board of agriculture] or his authorized agent, in the performance of his duty in connection with the provisions of this act or acts to which it is supplemental or amendatory. Any person who shall violate any provisions of this act or the rules and regulations promulgated and adopted or fail or neglect to comply with any requirement of this act or the rules and regulations promulgated and adopted shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars for the first violation and not less than one hundred dollars or more than five hundred dollars for each subsequent violation. * The district courts of the state of Kansas shall have jurisdiction to restrain and enjoin violations of this act by injunction. Livestock remedies which are adulterated or misbranded shall be considered as a common nuisance and contraband, and may be seized and taken into possession by the sheriff or the secretary or his agents, who shall cause a complaint to be filed in the district court for the seizure and condemnation of the livestock remedy *. The court may in its discretion release the product for sale if the adulteration or misbranding can be and is corrected by proper labeling or processing, providing all fines and costs assessed are paid, and a good and sufficient bond in an amount fixed by the order of the court is filed with the clerk of the court, conditioned on compliance with the order of the court and the provisions of this act. The relabeling or processing shall be under the supervision of the secretary or his agents. If the product is not released for sale it shall be destroyed by the sheriff, or sold for salvage under the direction of the court. [1925; last amended 1945.]

1947 Supplement to General Statutes Annotated 1935, Ch. 47, Art. 10—Community Sales.

Sec. 47-1001. Definitions.

As used in this act [Secs. 47-1001-47-1013], except where the context clearly indicates a different meaning: (A) The term "commissioner" means the livestock sanitary commissioner of the state of Kansas. (b) The term "livestock" means and includes cattle, swine, sheep, goats, horses and mules. (c) The term "person" means and includes any individual, partnership, corporation or association. (f) The term "community sale" means any series of sales, exchanges or purchases of any livestock made at regular or irregular intervals at an established place or places in this state, and held more than three times a year, by any person, directly or indirectly, for or on account of the producer or producers, consignor or consignors thereof, at public auction or at private sale thereat except that this term shall not apply to sales, purchases or exchanges of livestock of any person, persons or corporation selling the products or produce belonging to them in interstate commerce, when made at or upon a public livestock market which is subject to regulation under what is commonly known as the packers and stockyards act of 1921 of the United States and where federal veterinary inspection is regularly maintained under the supervision of the bureau of animal industry of the department of agriculture of the United States of America. [1937; last amended 1939.]

Sec. 47-1003. Investigations and arrests; right of entry. The commissioner [livestock sanitary commissioner] and his authorized representative shall have power to make investigations and arrest any persons found violating this act [Secs. 47-100147-1013] and shall have, at all reasonable times, free and uninterrupted access to any and all buildings, yards, pens, chutes, or scales in or upon which any of such livestock may be kept, quartered, weighed or handled by any dealer. [1937; last amended 1939.]

Sec. 47-1004. Investigations; suspension or revocation of li

cense.

The commissioner [livestock sanitary commissioner], on his own motion, or upon the verified complaint of any interested party, may investigate, examine or inspect any transaction or happening which may involve a violation or alleged violation of this act [Secs. 47-1001-47-1013] or any rule, order or regulation lawfully issued and promulgated by the commissioner thereunder. In the furtherance of any such examination, investigation or inspec tion, the commissioner or any authorized representative thereof may examine that part of the ledgers, books, accounts, memoranda or other docu

1947 Supplement to General Statutes Annotated 1935, Ch. 47, Art. 10-Community Sales-Continued. ments, scales, measures, livestock and other articles and things used in connection with the business of such person relating to the transactions involved. [1937]

Sec. 47-1005. Grounds for refusal, revocation or suspension of license.

The commissioner [livestock sanitary commissioner] may, after hearing, as provided in sections 47-1003 and 47-1004 refuse to grant a license and may revoke or suspend any license, as the case may require, when he is satisfied of the existence of any of the following facts: (a) That any provision of this act [Secs. 47-1001-47-1013], or any rule, order or regulation lawfully promulgated thereunder by the commissioner has been violated by the applicant or licensee. *

(f)

or that the licensee selling livestock by weight fails or refuses to have livestock handled by him weighed on scales that are regularly inspected and tested for accuracy by duly authorized public authority or authorities. [1937; last amended 1939.]

Sec. 47-1010. Penalties for unlawful acts.

Any person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars, who (e) makes any

false or misleading statements as to the quantity of livestock shipped or sold, (f) fails to comply in any respect with this act [Secs. 47-1001— 47-1013] and any and all lawful rules, regulations and orders of the commissioner [livestock sanitary commissioner] issued and promulgated hereunder: (g) Provided, however, That nothing in this act hall in any manner affect any person engaged in he business of buying or assembling livestock for he purpose of prompt shipment to, or slaughter in, any livestock market or packing house which is subject to regulation under what is commonly known as the packers and stockyards act of 1921, or where federal veterinary inspection is regularly maintained under the supervision of the bureau of animal industry of the department of agriculture of the United States of America. [1937; last amended 1947.]

General Statutes Annotated 1935, Ch. 49, Art. 3— Mine Scales.

Sec. 49-301. Coal to be weighed before screening.

It shall be unlawful for any mine owner, lessee or operator of coal mines in this state, employing miners at bushel or ton rates or other quantity, to pass the output of coal mines by said miners over any screen or other device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employees

and accounted for at the legal rate of weights as fixed by the laws of Kansas. [1893]

Sec. 49-302. Oath of weighman; penalty for violation.

The weighman employed at any mine shall sub scribe an oath or affirmation, before a justice of the peace or other officer authorized to administer oaths to do justice between employer and employee, and to weigh the output of coal from mines in accord ance with the provisions of section one [Sec. 49301] of this act [Secs. 49-301-49-307]. Said oath or affirmation shall be kept conspicuously posted in the weigh office, and any weigher of coal or person so employed who shall knowingly violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be pun ished by a fine of not less than twenty-five nor mor than one hundred dollars for each offense, or by imprisonment in the county jail for a period not to exceed thirty days, or by both such fine and im prisonment. [1893]

Sec. 49-303. Check-weighman.

The miners employed by or engaged in working for any mine owner, operator or lessee in this stat shall have the privilege, if they so desire, of employ ing at their own expense a check-weighman, wh shall have like rights and privileges in the weigh ing of coal as the regular weighman, and be sub ject to the same oath and penalties as the regula weighman. [1893]

Sec. 49-304. Fraudulent weighing; penalty.

Any person or persons having or using any scal or scales for the purpose of weighing the output o coal at mines, so arranged or constructed tha fraudulent weighing may be done thereby, or wh shall knowingly resort to or employ any means wha ever by reason of which such coal is not correctl weighed, and reported in accordance with the pro visions of this act [Secs. 49-301-49-307], shall b deemed guilty of a misdemeanor, and shall upo conviction for each offense be punished by a fin of not less than two hundred dollars nor more tha five hundred dollars, or by imprisonment in th county jail for a period not to exceed sixty days, o by both such fine and imprisonment. [1893]

Sec. 49-305. Contracts or agreements as to screening an weighing.

Any provisions, contract or agreement betwee mine owners or operators thereof and the mine employed therein whereby the provisions of se tion 1 [49-301] of this act [Secs. 49-301-49-307 are waived, modified, or annulled, shall be void an of no effect; and the coal sent to the surface sha be accepted or rejected, and if accepted shall b weighed in accordance with the provisions of th act; and right of action shall not be invalidated b reason of any contract or agreement. [1893]

Sec. 49-306. Loaders.

The provisions of this act [Secs. 49-301-49-307] shall also apply to the class of workers in mines known as loaders, engaged in mines wherein mining is done by machinery. Whenever the workmen are under contract to load coal by the bushel, ton, or any quantity the settlement of which is had by weight, the output shall be weighed in accordance with the provisions of this act. [1893]

Sec. 49-307. Inspection of scales at mines; penalty.

That the secretary of mine industries of the state of Kansas shall be ex officio inspector of weights, measures and scales used at coal mines, and he or his deputies are hereby empowered, and it shall be his or their duty, to test the scales used to weigh coal mined in the mines of this state at least once every six months, to ascertain whether or not such scales correctly measure the weight of such coal; and if defects or irregularities are found in such scales which prevent correct weights and measurements, the inspector shall call the attention of the mine owner, agent or operator to said defects, and direct that the same be at once properly adjusted and corrected. If the owner, agent or operator of any coal mine in this state shall refuse to allow such inspector or his deputies to properly test the scales used at such mine or mines, or shall fail or refuse to put such scales in proper adjustment and condition, so that the same shall correctly weigh the coal mined, after being notified by said inspector or his deputy so to do, such owner, agent or operator shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceding five hundred dollars, or be confined in the county jail not exceeding six months, or both, in the discretion of the court; and it shall be the duty of the prosecuting attorneys in the respective counties to prosceute any person, firm or corporation violating the provisions of this section, the same as in other misdemeanor cases. [1903]

General Statutes Annotated 1935, Ch. 50, Art. 1Fraud in weight of shipment.

Sec. 50-131. Agreements or combinations by which shipper is defrauded out of portion of net weight; penalty. If any person, company or corporation doing business in Kansas shall make any agreement, expressed or implied, or by any understanding or combination with any person, company or corporation within or without the state, by which any shipper of seeds, grains, hay or livestock is defrauded out of any portion of the net weight of any consignment of grain, seeds, hay, or livestock, all such agreements or combinations are hereby declared to be in restraint of trade, and any such person, company or corporation shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in the sum of not less than one hundred dollars and not exceeding one thousand dollars for each offense. [1899]

General Statutes Annotated 1935, Ch. 65, Art. 6— Food.

Sec. 65-601. Manufacturing of misbranded articles unlawful; penalty.

misbranded,

That it shall be unlawful for any person to manufacture within the state of Kansas any article of food or liquors, which is adulterated or within the meaning of this act [Secs. 65-601-65-614]; and 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 three hundred dollars, or be imprisoned one year in the county jail, in the discretion of the court, and for each subsequent offense on conviction thereof shall be fined not less than five hundred dollars or be imprisoned for one year in the county jail, or shall receive both such fine and imprisonment, in the discretion of the court. [1907] Sec. 65-602. Sale of misbranded articles unlawful; penalty.

That it shall be unlawful for any person to sell, keep for sale or offer for sale, within the state of Kansas, any article of food, liquor which

*

is adulterated or misbranded, within the meaning of this act [Secs. 65-601-65-614], and any person who shall sell, keep for sale or offer for sale any article of food or liquor which is adulterated or misbranded, within the meaning of this act, shall be guilty of a misdemeanor, and for each offense shall upon conviction thereof be fined in a sum not to exceed fifty dollars or be imprisoned in the county jail not exceeding one year, or be both fined and imprisoned, in the discretion of the court. [1907]

Sec. 65-603. Rules and regulations for enforcement.

That the state board of health is authorized and directed to make and publish uniform rules and regulations, not in conflict with the laws of this state, for carrying out the provisions of this act [Secs. 65-601-65-614], amended 1909.]

Sec. 65-606. "Food" defined.

*

[1907; last

The term "food," as used herein, shall include all articles used for food or in the preparation of food, drink, confectionery or condiment by man, whether simple, mixed, or compound. [1907] Sec. 65-608. When food deemed misbranded.

That the term "misbranded," as used herein, shall apply to all * articles of food, or articles which enter into the composition of food, the container or label of which shall bear any statement, design or device regarding such article, which shall be false or misleading in any particular, That for the purpose of this act [Secs. 65-601-65-614] an article shall also

General Statutes Annotated 1935, Ch. 65, Art. 6— Food-Continued.

be deemed to be misbranded In the Case of Foods: third, if in package form, and the contents are stated in terms of weight, measure or quantity, the net weight, measure or quantity is not plainly and correctly stated on the outside of the package; [1907; last amended 1909.]

Sec. 65-609. Guaranty protection.

That no dealer shall be deemed guilty under the provisions of this act [Secs. 65-601-65-614] when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party from whom he purchased such articles to the effect that the same is not adulterated or misbranded, within the meaning of this act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach in due course to the dealer under the provisions of this act: Provided, That this exemption shall not apply when such dealer knew or ought to have known that such drugs, liquors or foods so sold, offered or kept for sale were adulterated or misbranded, within the meaning of this act. [1907]

Sec. 65-614. Penalty for violations.

That any person who shall violate any of the provisions of this act [Secs. 65-601-65-614] for which no other penalty is prescribed herein shall on conviction be fined in a sum not less than ten dollars or more than one hundred dollars or be imprisoned in the county jail not more than three months, or by such fine and imprisonment, in the discretion of the court. [1907]

General Statutes Annotated 1935, Ch. 65, Art. 7— Milk and Cream.

Sec. 65-704. Babcock test.

In determining the value of milk, cream or other dairy products by the use of the Babcock test, it shall be unlawful to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream or other dairy products actually contain, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of milk, cream or other dairy products to be tested an inaccurate sample for the test. None other

than the Babcock method, or such method of testing as may be approved by the dairy commissioner, may be employed when testing milk or cream, the test of which is to be used as a basis for making payment for the milk or cream thus tested. None other than single bottle torsion balance scales, or

such scales as may be approved by the dairy com missioner, may be used when weighing cream for testing, when such tests are to be used as a basi for making payment for such cream. In the estab lishing of new stations or replacing condemned scales, single bottle scales must be installed. It shal be unlawful to use adjustable scale weights in de termining the weight of cream used in the Bab cock test. Only such centrifuge shall be used as shal meet the approval of the state dairy commissioner Specifications for apparatus and chemicals and di rections for testing milk and cream must conform to those adopted by the American Dairy Scienc Association, with such additions as are deemed ad visable by the dairy commissioner to make then applicable to the provisions of this act [Secs. 65-70 -65-718]. All test tubes, bottles, pipettes or instru ments used in connection with testing or determin ing the value of milk, cream or other dairy prod ucts by the use of the Babcock test shall be approve by the state dairy commissioner. [1927

General Statutes Annotated 1935, Ch. 66, Art. 1Public Utilities.

Sec. 66-119. Meters: Rules to secure accuracy.

It [State Corporation Commission shall establish reasonable rules, regulations, spec fications and standards to secure the accuracy all meters and appliances for measurements, an every public utility is required to carry into effe all orders issued by the commission relative theret [1911]

General Statutes Annotated 1935, Ch. 66, Art. 2Railroad Track Scales.

Sec. 66-250. Scales at stations, when.

That each and every railway company operatin a railway wholly or partly within this state shal on or before the first day of July, A. D. 1893, co struct and provide, and thereafter keep and mai tain in good order, a track or car scale of sufficier capacity and suitable for weighing grain in carloa lots and in the car, at each and every town or st tion upon its line of railway or the line of railwa operated by it, from which the aggregate of gra shipments on all railways shall be one hundred ca or more of grain and seeds during the year 189 [1893]

Sec. 66-251. Same; weights by public weigher or shippe when; verification.

Any town or station not now entitled to trac scales under this act [Secs. 66-250-66-260], b from which there shall hereafter be shipped in ar calendar year one hundred cars or more of grai seeds or hay, shall be entitled to the benefits this act; and any railway company operating a ra way upon which such town or station is locate shall construct, provide, keep and maintain a tra or car scale at such town or station, as provided t

section 1 [66-250], within six months after the expiration of such calendar year: Provided, however, That any railway company may elect to accept the weights of any public weigher, or the weights of the shipper, and shall have the right to demand that the weights of such shipper shall be verified by affidavit; and in case they so elect, shall not be required to put in scales, and shall not be liable to the penalties prescribed in this act for failure to put in scales. [1893]

Sec. 66-252. Duty to weigh at nearest station; receipt to shipper; place of weighing before and after loading.

At stations not entitled to car scales by the provisions of this act [Secs. 66-250-66-260] it shall be the duty of such railway company to weigh at one of the stations nearest to such station having no such scales, and such cars before and after loading, and give to such shipper a like receipt as provided in section 6 [66-255] of this act: Provided, That such weighing before loading may be on one side of the point of shipment, and after loading on the other side of the point of shipment. [1893]

Sec. 66-253. Manner of weighing cars.

Each railway company operating a railway at any station or town in this state entitled to track scales under this act [Secs. 66-250-66-260] shall correctly weigh all cars immediately before and immediately after being loaded with grain, seeds or hay, said cars to be detached from engine and other cars when weighed, and such weighing to be done in the presence of the shipper of such grain or seeds, if so demanded by him. [1893]

Sec. 66-254. Fee for weighing.

Such railway company shall be entitled to collect and receive from the person shipping such grain, seed or hay, the sum of twenty-five (25) cents for each car of such grain or seed so weighed, as compensation for such weighing. [1893]

Sec. 66-255. Bill of lading; claims and actions; proof.

That each railroad company operating a railroad wholly or partly in this state shall be required to give to any person, delivering grain, seed or hay, in bulk or in sacks, to such company for transportation, at any station entitled to track scales, under this act [Sec. 66-250-66-260], a bill of lading, in duplicate, which bill of lading shall state the exact number of bushels or pounds of grain, seed or hay so delivered to such railroad company, by whom delivered and to whom consigned; and thereafter such railroad company shall be responsible to the consignee named in such bill of lading, or to his heirs or assigns, for the full amount of such grain, seed or hay so delivered to such railroad company, until it shall show that it has delivered the whole amount of such grain, seed or hay to such consignee or to his heirs or assigns: Provided, however, That if the shortage on any car of grain, seed

or hay shall not exceed one fourth of one percent of the amount of grain, seed or hay put in the car, then the railway company shall be deemed to have delivered the whole amount of grain, seed or hay in the car: Provided, That when a claim for loss is filed against any railroad company and the loss is proven to be greater than one fourth of one percent, then the railroad company shall be responsible for the entire loss without any deduction. And in any action hereafter brought against any railroad company for or on account of any failure or neglect to deliver any such grain, seed or hay to the consignee or to his heirs or assigns, either duplicate of such bill of lading shall be prima facie proof of the amount of such grain, seed or hay so received by such railroad. [1893; last amended 1923.]

Sec. 66-257. Acceptance of weight of shipper where track scales not maintained.

Any railway company failing, neglecting or refusing to provide and maintain track scales, as required by section 1 [66-250] of this act [Secs. 66-250-66260], shall state in its bills of lading given for grain or seed or hay delivered to it for transportation at any station or town entitled to track scales under the provisions of this act, the number of bushels or pounds of such grain, seed or hay, and as stated by the person or persons delivering such grain, seed or hay to such railway company, and the amount so stated shall be prima facie evidence of the amount of grain, seed or hay so delivered by such person to such railway company, as provided in section 6 [66-255] of this act: Provided, however, That the person so delivering such grain, seed or hay to such railway company shall, if required by the railway company, make an affidavit that the amount of such grain, seed or hay as stated by him is true and correct. [1893] Sec. 66-258. Penalty for neglect to put in car scales.

Any railway company neglecting for six months after the taking effect of this act [Secs. 66-25066-260] to put in the car scales heretofore provided for shall be liable to a penalty of one hundred dollars ($100) per day for each station at which such neglect occurs, until the same is put in as herein provided. [1893]

Sec. 66–259. Penalty for failure to give bill of lading.

Any railway company neglecting or refusing to give any person entitled thereto a bill of lading, as required by either sections 6 [66-255] or 8 [66-257] of this act [Secs. 66-250-66-260], shall be liable to a fine of one hundred dollars ($100) for each and every refusal, to be recovered in an action brought in the name of the state, in any court of competent jurisdiction, and shall also be liable to the party injured by such refusal for all damages sustained thereby, together with a reasonable attorney's fee, to be recovered by an action in any court of competent jurisdiction; [1893]