Flack's Annotated Code 1939, Vol. 1, Art. 48—Commercial Feeding Stuffs-Continued.

sub-title [Secs. 103-113] and to prescribe the form of tags or labels to be used on commercial feeding stuff and to prescribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as it may deem necessary to carry into effect the full intent and meaning of this sub-title. [1920]

Flack's Annotated Code 1939, Vol. 1, Art. 48Insecticides and Fungicides.

Sec. 114. Definitions.

Certain terms appearing in this sub-title [Secs. 114-120] shall be defined as follows:

(a) The term "person" shall include any individual, firm, corporation, partnership, association, trust, joint stock company or unincorporated organization.

(b) The term "insecticide or fungicide" shall be construed to mean and include any and all substances intended for agricultural use in preventing, destroying, repelling or mitigating insects, rodents, fungi, bacteria, weeds or other pests, but to exclude drugs, poisons, chemicals or other preparations sold or intended for medicinal or toilet purposes or for use in the arts or sciences.

Sec. 117. Enforcement; rules and regulations.

The provisions of this sub-title [Secs. 114-120] shall be enforced and administered by the State Board of Agriculture of this State, which is hereby authorized and empowered (1) to register insecticides or fungicides manufactured, compounded, delivered, distributed, sold, offered or exposed for sale, either at wholesale or retail, within this State; (2) to collect labels and samples thereof for analysis, examination or test by existing agencies of this State; (3) to promulgate such rules and regulations in conformity with this sub-title as

may be necessary for its administration. [1939]

Sec. 118. Exemptions.

The provisions of this sub-title [Secs. 114-120] prohibiting delivery and distribution of any insecticide or fungicide shall not apply to transactions of (1) manufacturers, processors or packers which relate to improvement, production and preparation of said commodities for lawful sale within the meaning of this sub-title; (2) common or private carriers and warehousemen while engaged in lawfully transporting and storing insecticide or fungicide; (3) public officers while engaged in the performance of their official duties, or (4) any employee of any of the foregoing while acting within the scope of his employment. [1939]

Sec. 119. Penalty for violations.

Any person violating any provision of this subtitle shall, upon conviction, be fined not more than $25.00 for the first offense, nor more than $100.00 for any subsequent offense. [1939]

Flack's Annotated Code 1939, Vol. 1, Art. 48—Agricultural Lime.

Sec. 121. Marking requirements.

All agricultural liming materials and gypsum, sold, offered, or exposed for sale within this State, shall have attached to it or be accompanied, in the manner provided in Section 123 hereof, by a plainly printed statement giving the following information:

(e) The net weight, when the material is sold in packages. [1935]

Sec. 122. Definitions.

For the purposes of this sub-title [Secs. 121-281], the term "agricultural liming materials" means any substances that contain calcium and magnesium in condition and quantity suitable for use in neutralizing soil acidity, or that are used as ingredients or reagents in the preparation of any fungicide or insecticide. The term "gypsum" means products consisting chiefly of calcium sulphate. [1935] Sec. 123. Tags and labels.

The statement required by Section 121 shall, in the case of goods sold in package, be plainly printed upon the package, or upon a tag or label fastened thereto, of such quality and in such manner that it shall not be detached in handling, and, in the case of goods sold in bulk, the said statement shall be delivered to the purchaser either with the invoice therefor or with the goods. [1935]

Sec. 126. Penalty for violations; enforcement officer.

Any person or persons selling, offering, or expos ing for sale, any of the materials covered by Section 121 or brand of the same, unless accompanied by

the statement required by Section 121, or, when so accompanied, if the said statements shall be false in any particular, or without having complied with all the foregoing provisions of this sub-title [Secs. 121-128], shall be guilty of a misdemeanor; and on conviction shall be sentenced to pay a fine of not less than ten nor more than fifty dollars for the first offense, and not less than one hundred dollars for each subsequent offense. It shall be the duty of the State Chemist to enforce the provisions of this sub-title; [1935]

Flack's Annotated Code 1939, Vol. 2, Art. 61-Commercial Fertilizers.

Sec. 1. Definitions.

The term "fertilizer" as used in this Article [Secs. 1-15] shall mean any commercial fertilizer, or any article, substance or mixture sold, offered or exposed for sale, for manurial purposes in the State of Maryland of which the selling price shall be more than $5.00 per ton of two thousand pounds, but shall not include ground gypsum, lime, ground limestone, ground shells, dung of all poultry or dung of domestic animals, in bulk, when sold as such and when not mixed with other fertilizer or fertilizer materials. The term "State Chemist" shall mean the professor in charge of the Chemical Department of the University of Maryland, who shall be ex officio State Chemist. [1931]

Sec. 4. Marking requirements.

Every bag, barrel or package of fertilizer must bear plainly and conspicuously on the outside of same, and every parcel or lot sold in bulk must be accompanied by a clear and true statement in legible print, in the order herein stated, the following: The net weight of the contents of the package or lot in pounds; [1931]

Sec. 10. Penalty for violations.

Any importer, manufacturer, manipulator, dealer, agent or person who shall sell, offer or expose for sale, or distribute in this State, any fertilizer or fertilizer material except that sold in bulk to manufacturers, manipulators or mixers for resale without having attached thereto or printed thereon the statement as required by the provisions of this Article [Secs. 1-15], or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said State Chemist or his authorized agent in the performance of his duty in connection with the provisions of this Article, or who shall sell, offer or expose for sale or distribute in this State any fertilizer as defined in Section 1 without complying with the requirements of the provisions of this Article, * shall be deemed guilty of a violation of the provisions of this Article and upon conviction thereof shall be fined not more than one hundred ($100.00) dollars for the first violation and

not less than fifty ($50.00) dollars for each subsequent violation. [1931]

Sec. 13. Rules and regulations.

The University of Maryland shall have authority to establish rules and regulations in regard to the inspection, analysis and sale of fertilizer and fertilizer materials not inconsistent with the recommendations of the Association of Official Agricultural Chemists and the publication of all information pertaining to and authorized by this Article [Secs. 1-15] to the end that the provisions of this Article may be effectively administered and enforced. [1931]

1947 Cumulative Supplement to Flack's Annotated Code 1939, Art. 72-Oyster Measures.

Sec. 2. Enforcement.

The provisions of this Article [Secs. 1-16] shall be administered by the Commission of Tidewater Fisheries *. [1945]

Sec. 10. Measures used for oysters in the shell and oyster shells; measures used in payment of shuckers; measures for sale of shucked oysters.

(a) All oysters in the shell and all oyster shells sold in this State shall be measured either in a half bushel tub, a bushel tub, a bushel and a half tub or a three bushel tub, and no measures shall be used for measuring either oysters in the shell or oyster shells except an iron circular tub with straight sides and a straight solid bottom, with holes in the bottom for draining; such holes to be no larger, however, than one inch in diameter; and all measurements to be taken from inside to inside; and the dimensions shall be as follows:

Half Bushel Tub-Fifteen inches across the top, thirteen inches across the bottom and seventeen inches diagonally from the inside chime to the top;

Bushel Tub-Sixteen and one-half inches across the bottom, eighteen inches across the top and twenty-one inches diagonally from the inside chime to the top;

Bushel and a Half Tub-Eighteen inches across the bottom, nineteen inches across the top and twenty-four inches diagonally from the inside chime to the top.

Three Bushel Tub-Twenty-two inches across the bottom, twenty-four inches across the top and twenty-nine and twenty-six hundredths inches diagonally from the inside chime to the top.

All oysters measured in the shell as herein required shall be even measure to the top of the tub only.

(b) In consideration of the quantity of water contained in measures of newly shucked oysters the proprietors or managers of all plants, houses or establishments may measure oysters as received from the shuckers in a special gallon cup which shall contain nine pints and no more, and no other

1947 Cumulative Supplement to Flack's Annotated Code 1939, Art. 72-Oyster Measures-Continued. measure shall be used than this nine pint gallon cup in measuring any oysters received from the shuckers. All nine pint gallon measures used in measuring newly shucked oysters shall be stamped by the same officers of the State as are now required by law to inspect measures; and it shall be unlawful for any proprietor or manager of any house, plant or establishment which shucks oysters to neglect to have such nine pint gallon measures stamped.

(c) All shucked oysters sold in this State shall be sold by the Standard United States pint, quart or gallon, liquid measure, or by multiples of these liquid measures. [1945; last amended 1947.]

Sec. 16. Penalty for violations.

(h) Any person violating any of the provisions of Section 10 shall be guilty of a misdemeanor, and upon conviction thereof, fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), and stand committed to jail until such fine and costs are paid. [1945; last amended 1947.]

Flack's Annotated Code 1939, Vol. 2, Art. 89—Mine Scales.

Sec. 31. Appointment of inspector of weights and mine scales.

The Governor shall appoint from the list of eligibles previously established by the State Employment Commissioner, an inspector of weights and mine scales, and said inspector of weights and mine scales shall be paid such salary, and provided with such equipment, as may from time to time be provided for in the Budget. [1939]

Sec. 150. Miners to be paid by weight; scales to be provided; records; test weights; exception.

In all coal mines in this State, the miners shall be paid by weight and the operator of every coal mine shall provide and hereafter maintain suitable and accurate scales, which scales shall be examined, tested, and kept in thorough repair by a competent person employed by such operator, at least once in every six months; a correct record shall be kept of all coal so weighed, which record shall be open at all reasonable hours to the inspection of miners employed at such mine. Such operator shall keep at the mine weighhouse such standard United States test weights as may be prescribed by the Bureau [of mines], for use in testing such scales, provided, however, that this section shall not apply to any operator who does not employ more than 3 men at any one time. The word "miners" as used in this section shall not be construed to include those persons who mine coal mechanically and who are paid a day rate for their services, in accordance with

the terms and provisions of any collective bargaining agreement, between said operator and such employees. [1922; last amended 1941.]

Sec. 151. Coal not to be screened before weighing.

The operator of every such mine shall not, befor: weighing the coal, pass the same over any screen or other device which shall take any part from the value thereof, or otherwise remove any of the coal; and shall duly credit the just and merchantable weight thereof to the employee sending the same to the surface. [1922; last amended 1941]

Sec. 152, Competency and oath of weighers.

The person authorized to take such weight and keep such record shall, before entering upon his duties, satisfy the district mine inspector that he understands the operation and adjustment of mine scales; and shall before entering upon his duties take and subscribe before a person authorized to administer oaths, an affidavit that he has not, and will not have, while so employed, any financial interest, direct or indirect, in such mine; and that he will accurately weigh and carefully keep a record of all coal weighed; which affidavit shall be filed in the office of the Clerk of the Circuit Court for the County, and a copy thereof kept conspicuously at the place of weighing, provided that in the event that any person so authorized to take such weight and keep such records shall become incapacitated. the operator may in such emergency appoint some other person, who understands the operation and adjustment of mine scales, who may act in the place and stead of the person authorized until such emergency appointee or some other person may be duly qualified; provided, that immediate action shall be taken to qualify such a person and an immediate report of such emergency action shall be transmitted to the district mine inspector. [1922] Sec. 153. Check-weighmaster; duties.

The miners employed in any coal mine in this State shall have power, if they desire, of employing at their own expense a check-weighmaster, who shall have the right to be present and observe the weighing of coal by the weighmaster, to examine and test the scales, to inspect records made by such weighmaster; and be subject to the same qualifications, oath and penalties as such weighmaster. [1922]

Sec. 154. Duties of weighmaster.

The weighmaster shall balance, test and examine the scales each morning before starting to weigh coal; and shall accurately weigh and record the just net weight of such coal, crediting the employee who has sent the same to the surface in tons and hundred-weights computing therefor any majority fraction of a hundred-weight as a whole hundredweight, and omitting credit of any fraction of a hundred-weight less than one-half a hundredweight. [1922]

Sec. 155. Bushel and ton of coal.

Seventy-six pounds avoirdupois shall constitute one bushel of coal; and two thousand pounds avoirdupois shall constitute one ton of coal. [1922]

Sec. 156. Authority of Bureau as weights and measures inspector.

The Bureau [of mines] is hereby made inspector of weights and measures at all mines of this State, and all inspectors thereof are authorized, empowered and directed, under regulations of such Bureau, to conduct frequent inspections of all scales, measuring instruments, cars, and containers, and to determine their condition, accuracy, correct branding, weight, use and operation, to assure the proper use thereof and the competency of any person authorized to use them. [1922]

Sec. 158. Use of incorrect scale or measure a misdemeanor.

Any person or persons having or using any scale, measure, car, container or other instrument for the purpose of determining the amount of product and resulting compensation of any workman employed in or about any such mine, who shall knowingly or of gross negligence so arrange, construct or operate any such instrument that an incorrect determination and compensation may be reported, or shall make or permit to be made an incorrect and fraudulent record and account thereof, shall be guilty of a misdemeanor; and every day any such instrument is so arranged, constructed, or operated to obtain such incorrect determination, or such incorrect and fraudulent record and account is made or permitted to be made, shall be a separate offense. [1922]

1947 Cumulative Supplement to Flack's Annotated Code 1939, Vol. 1, Art. 27-False Advertising.

Sec. 207. Definitions; unlawful acts; penalty.

1. The word "person" when used in this section shall include association, firm, partnership, corporation, or agent or employee of any thereof.

2. The word "merchandise" when used in this section shall include real estate, securities, service, employment, the making of loans at interest, or any contract with reference to any of the foregoing, and anything else purporting to be of value.

3. The word "advertise" when used in this section shall mean publish, circulate, disseminate or place before the public in any way or through any media whatever, for the purpose of the sale of merchandise, and shall specifically include advertising by outside or inside signs, including neon or other electrical signs, advertising by radio, telephone, or television, and advertising through newspaper, magazine, book, notice, circular, pamphlet, letter, handbill, poster, placard, card, label, or any other way similar or dissimilar to the aforegoing.

(b) It shall be unlawful for any person, for the purpose of purchase, sale or disposal of merchandise, to advertise any statement containing a representation of fact which is known or by the exercise of reasonable care should be known by such person to be untrue, deceptive or misleading.

(e) Any person who violates any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned not exceeding one year, or both fined and imprisoned. [1945]