Statutes Annotated, Title 51, Ch. 9-Weights and Measures, Liquid Fuel-Continued.

other tank, unless immediate written notification is given to a weights and measures official advising of necessity of alterations or change. [1937]

Sec. 51:9-9. Delivery measured by approved device only; full quantity.

No person shall deliver any liquid fuel without the same having been measured by a measuring device approved, tested and sealed in accordance with the provisions of this chapter [Secs. 51:9-151:9 211, nor shall any person sell or deliver less than the quantity represented to be sold and delivered. [1987]

Sec. 51:9-10. Rules and regulations.

The state superintendent of weights and measures shall make such rules and regulations governing the type of all measuring devices and equipment used in the delivery of liquid fuel, and the manner of approval, testing, or calibrating of the same, as he may deem necessary, in order to prevent the perpetration of fraud in the sale of liquid fuel. 1937]

Sec. 51:9-11. Penalties; disposition.

Any person violating any of the provisions of this chapter [Secs. 51:9-1-51:9-21] shall, upon conviction thereof, pay a penalty of not less than twenty-five dollars nor more than fifty dollars, for the first offense, or for failure to forthwith pay such penalty shall be imprisoned in the county jail for a period not exceeding twenty days; and for a second offense, shall, after conviction, pay a penalty of not less than fifty dollars nor more than one hundred dollars, and for failure to forthwith pay such penalty shall be imprisoned in the county jail for a period not exceeding forty days; and for a third or each subsequent offense, shall, after conviction, pay a penalty of not less than one hundred dollars nor more than two hundred dollars, and for failure to forthwith pay such penalty shall be imprisoned in the county jail for a period not exceeding sixty days.

All penalties collected from persons violating the provisions of this chapter shall be paid by the magistrate receiving the same, when recovered by the state superintendent of weights and measures, or his assistants, to the state treasurer; when recovered by a county weights and measures officer, to the county treasurer of such county; and when recovered by a municipal weights and measures officer, into the treasury of the municipality which such officer represents.

It shall be the duty of the municipal attorney of any municipality wherein any violation takes place to assist in the prosecution of the same and to assist in the trial of any appeal, where a complaint is made by a municipal weights and measures official. [1987]

Sec. 51:9-12. Recovery of penalties; issuance of summons or

warrant.

A complaint having been made by any weights and measures official in writing, and duly verified, that any person has violated any of the provisions of this chapter [Secs. 51:9-1-51:9-21], which complaint may be made to any magistrate, as defined in section 51:9-1 of this title, any such magistrate may issue either a summons or a warrant directed to any weights and measures official or to any constable or police officer for the appearance or arrest of the person so charged. [1937]

Sec. 51:9-18. Arrest without warrant.

*

Any constable or police officer, or weights and measures official is hereby authorized to arrest, without warrant, any person violating, in the pres ence of such constable, or police officer, or weights and measures official any of the provisions of this chapter [Secs. 51:9-1-51:9-21], and to bring the defendant before any magistrate of the county where such offense is committed. The person so offending shall be detained until the officer making such arrest shall make oath, which he shall do declaring that the person under arrest has violated one or more of the provisions of this chapter, and specifying the provision or provisions violated whereupon said magistrate, shall issue a warrant and the said magistrate shall proceed to hear or postpone the case. [1937]

[ED. NOTE.-Secs. 51:9-13-51:9-17 and 51:9-19-51:921, not included herein, deal primarily with formal procedure of service, hearing, filing of bond, appeal and verification of complaint.]

Statutes Annotated, Title 2, Ch. 149-Baled Hay. Sec. 2:149-3. Selling under weight; wood allowed per bale marking requirements; penalty.

Any person who shall sell or offer for sale in thi

state:

a. Any baled hay or straw with more than ter pounds of wood to a bale weighing two hundred pounds or upwards, or more than five pounds o wood to a bale weighing less than two hundred pounds, without having the gross weight of all hay and straw sold or offered for sale plainly marked or each bale; or

b. Any of such hay or straw so marked, whic shall weigh less than such gross weight after de ducting ten pounds from each bale for shrinkageShall be guilty of a misdemeanor.1 [1898]

1 See Sec. 2:103-6, page 668; punishment for misdemeanor. Statutes Annotated, Title 4, Ch. 4, Art. 1-Commer cial Feeding Stuffs.

Sec. 4:4-1. Definitions.

As used in this article [Secs. 4:4-1-4:4-20]: "Commercial feeding stuffs" includes all feedin stuffs used for feeding live stock and poultry e cepting the following: Whole seeds or grains sol

shall be guilty of a violation of this article, and upon conviction thereof shall pay a penalty of not less than twenty-five nor more than one hundred dollars for the first offense, and not less than one hundred nor more than two hundred dollars for each subsequent offense. [1912; last amended 1938.]

Sec. 4:4-20. Enforcement; rules and regulations.

The state chemist shall enforce the provisions of this article [Secs. 4:4-1-4:4-20] and may prescribe such rules and regulations relating to the sale of commercial feeding stuffs as he may deem necessary to carry into effect the full intent and meaning of this article. [1912; last amended 1916.]

Statutes Annotated, Title 4, Ch. 9, Art. 1-Commercial Fertilizer.

Sec. 4:9-1. Definitions.

As used in this article [Secs. 4:9-1-4:9-15]:

"Commercial fertilizers" include all materials containing nitrogen, phosphoric acid or potash that are sold for a price exceeding five dollars ($5.00) per ton, except lime, limestone, marl, plaster, peat

and peat muck in their natural or cultivated state without the addition of chemical fertilizers, and the excrements and litter from domestic animals when sold in their natural state.

"Fertilizer" means commercial fertilizer.

"Package" includes sacks, bags and all other receptacles.

"State chemist" means the chemist of the New Jersey agricultural experiment station, such chemist being under the general supervision of the director of the experiment station. [1912; last amended 1940.]

Sec. 4:9-2. Marking requirements.

A person before selling or offering for sale any commercial fertilizer, in this state shall brand or attach to each bag, barrel or package in a conspicuous place on the outside thereof a plainly printed statement giving the following particulars and no others:

a. The number of pounds of fertilizer contained in the package,

If distributed in bulk, a written or printed statement of the information required in this section shall accompany delivery and be supplied to the purchaser. [1912; last amended 1949.]

Sec. 4:9-13. Penalties for violations.

A person who:

d. Having sold any quantity of a commercial

fertilizer:

2. Shall render a false statement;

e. Shall violate any of the provisions of this article [Secs. 4:9-1-4:9-15]

Shall be liable to a penalty of one hundred dollars for the first offense and not less than one hundred nor more than one thousand dollars for each subsequent offense, to be sued for and recovered by and in the name of the director of the experiment station

In case a defendant shall after conviction of any violation of this article be again convicted and shall fail to pay forthwith the amount of the penalty imposed, the court shall commit him to jail in the manner above set forth for any number of days not exceeding two hundred. [1912; last amended 1938.]

Statutes Annotated, Title 4, Ch. 9, Art. 1-Commerciel Fertilizer-Continued.

Sec. 4:9-14. Construction of act in relation to farmers, manufacturers and experiment station.

Nothing in this article [Secs. 4:9-1-4:9-15] shall prevent a farmer from mixing fertilizer materials for his own use which have been sold under the provisions of this article, or prevent manufacturers who have complied with sections 4:9-2

from having in stock raw or manufac tured materials, or prevent the experiment station or any person deputized by it from making experiments with agricultural chemicals for the advancement of the science of agriculture. [1912; last amended 1932.]

Sec. 4:9-15. Rules and regulations.

The state chemist may establish such rules and regulations, in regard to the inspection, analysis and sale of commercial fertilizer as shall not be inconsistent with the provisions of this article [Secs. 4:9—1—4:9–15], and, in his judgment, shall best carry out the requirements thereof. [1912]

Statutes Annotated, Title 4, Ch. 9, Art. 2-Agricultural Lime.

Sec. 4:9-16. Definitions.

As used in this article [Secs. 4:9-16-4:9–21]: “Agricultural lime" includes all the various forms of lime used for agricultural purposes.

"State chemist" means the chemist of the New Jersey agricultural experiment station. [1913] Sec. 4:9-17. Marking requirements.

No agricultural lime shall be sold or offered for sale in this state without a plainly printed statement attached to each package, or if it is sold or offered for sale in bulk the statement accompanying the shipment, giving the following information:

a. The number of pounds of agricultural lime contained in each package. If the shipment is in bulk, the number of pounds in the shipment; [1913]

Statutes Annotated, Title 4, Ch. 9, Art. 4-Un manufactured Horse Manure.

Sec. 4:9-29. Sale or delivery unadulterated.

Whenever unmanufactured horse manure is fur nished, sold, or delivered in this State, such manur shall be only the natural product as the same i produced by horses in the stable, together with the straw bedding, without the intentional addition o water, any other manure, or any other foreign sub stance whatsoever. [1944]

Sec. 4:9-30. When deemed adulterated.

For the purposes of this act [Secs. 4:9-29-4:9 37], unmanufactured horse manure shall be deeme to be adulterated if it contains any water, inter tionally or deliberately added, or if any other ma nure, or any other foreign substance is intention ally mixed therewith, whether such added water manure, or other substance is added thereto, o becomes a part thereof, by permitting water or an other substance to flow or seep into, or otherwis become a part of such unmanufactured horse m nure while standing in a manure pit or any othe place. [1944]

Sec. 4:9-31. Sale of adulterated manure prohibited.

No person, copartnership, association, or corp ration shall furnish, sell or offer for sale, or deliv in this State any unmanufactured horse manu that is adulterated as defined in this act [Se 4:9-29-4:9-37]. [1944]

Sec. 4:9-32. Representation on sale or delivery.

No person, copartnership, association, or co poration in connection with any sale, furnishin or delivery of manure, shall represent the same being unmanufactured horse manure if such m nure is adulterated within the meaning of th act [Secs. 4:9-29-4:9-37]. [1944]

Sec. 4:9-33. Sale by weight; adulteration unlawful.

Whenever any unmanufactured horse manure or has been sold by weight, and the price to paid therefor is to be fixed by weighing the sa at any point within this State, it is unlawful any person, copartnership, association, or corpo tion to deliver for weighing, or to cause or perr to be weighed, any unmanufactured horse man to which has been added, intentionally, any wat any other manure, or any other substance what ever, which increases the weight of such unma factured horse manure. [1944]

Sec. 4:9-34. Importation of adulterated manure prohibi No person, copartnership, association, or poration shall import or bring into this State a manure for the purpose of sale or delivery in t state, which manure is adulterated within meaning of this act [Secs. 4:9-29-4:9-37].

[194

Sec. 4:9-35. Penalties for violations.

Any person, copartnership, association, or corporation who or which by himself or itself, or by his or its agents, servants, or employees, violates any of the provisions of this act [Secs. 4:9-29-4:937 shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars ($1,000.00), or in the case of an individual, or the members of a partnership, or the responsible officers of an association or corporation to undergo imprisonment not exceeding six months, or both. [1944]

Sec. 4:9-36. Enforcement of law by department of weights and measures; disposition of fines and penalties.

It shall be the duty of the Department of Weights and Measures to enforce the provisions of this act [Secs. 4:9-29-4:9-37], [1944]

Statutes Annotated, Title 4, Ch. 10-Receptacles for Farm Products.

(c) "Agent" means any person buying, receiving, soliciting or negotiating the sale of live poultry from poultry raisers on behalf of any dealer or broker.

(d) "Department" means the State Department of Weights and Measures.

(e) "Weights and Measures officer" means the State Superintendent of Weights and Measures or his assistants or inspectors, county superintendents of weights and measures or their assistants or inspectors, and municipal superintendents of weights and measures or their assistants and inspectors.

(f) "Person" means any individual, association, firm, partnership or corporation.

(g) "Poultry" means domestic fowl, such as chickens, turkeys, ducks, geese and guineas not sold for show or breeding purposes.

(h) "Poultry raiser" means any person engaged in the business of raising poultry or any legally incorporated agricultural cooperative association. [1942]

Sec. 4:11-36. Purchase by weight required; scales.

All live poultry shall be bought by avoirdupois net weight and it shall be unlawful for any person to buy or receive or cause to be bought or received for the purpose of resale or manufacture, as dealer, broker, agent or otherwise, any poultry unless the same is weighed on suitable scales which have been tested and sealed by an authorized weights and measures officer; and the purchase of live poultry by the lot, the pen or by the flock is prohibited under the terms of this act [Secs. 4:11-35—4:1149]; provided, however, that where special circumstances exist and are shown, the State superintendent or a county or municipal superintendent may, upon request, give approval to a sale of live poultry by the lot, pen or flock and such sale shall not come within the provisions of this act. [1942] Sec. 4:11-37. Weight tickets.

It shall be unlawful for any person to buy or receive or cause to be bought or received, as dealer,

Statutes Annotated, Title 4, Ch. 11, Art. 3-Poultry

-Continued.

broker or agent, any live poultry unless at the time of purchase the seller or poultry raiser is given a weight ticket on a form to be furnished by the buyer on which is distinctly expressed the name and address of the buyer or dealer, the quantity of the poultry in terms of avoirdupois net weight, the number of units of the poultry, and where crates or other containers are used in connection with the purchase of said poultry, the number of crates and containers so used, together with the tare weight of such crates or containers; where a broker or agent is a party to or negotiates the sale or receipt of poultry his name and address shall also be distinctively expressed on the ticket. The ticket shall be made out in duplicate, one copy to be given to the seller or poultry raiser and the other to be retained by the buyer for a period of one year during which period it shall be subject at any time to inspection by a duly authorized weights and measures officer. [1942]

Sec. 4:11-38. Necessity of license.

It shall be unlawful for any person to engage in business as dealer or broker or act as agent for a dealer or broker unless licensed as provided in this act [Secs. 4:11-35-4:11-49]. [1942]

Sec. 4:11-39. Application for license; vehicle license plates and certificate of issuance.

Application for a license shall be made upon a form to be supplied by the superintendent of the department

Every vehicle used in the business of the licensee for the transportation of live poultry shall bear a license plate. The superintendent shall issue such plate upon application therefor together with a certificate of issuance thereof, upon the payment of one dollar ($1.00) for each vehicle owned and used by a licensee, in excess of one vehicle, and said certificate shall contain the name and address of the owner of the vehicle, together with a description of the character of the vehicle and the motor number. The holder of such certificate or the operator of such vehicle shall exihibit such certificate whenever requested to do so by a weights and measures officer, and it shall be unlawful to use or operate any such vehicle without such license plate being securely and conspicuously attached thereto and unless such certificate of issuance shall be carried at all times on the vehicle to which it applies. No such license plate shall be interchangeable or transferable. Every license plate and the certificate of issuance thereof shall expire and become void on the thirty-first day of December of each year.

No license plate shall be issued to any person for a vehicle not owned by him; provided, however,

that liens or encumbrances on any vehicle shall not be deemed to deprive the owner of a right to a license plate for such vehicle. [1942]

Sec. 4:11-40. Card to be carried by licensee.

In addition to the license, the superintendent of the department shall deliver to each licensee pocket card of such size as shall be designated by the said superintendent of the department, which card shall contain the name and address of the licensee, and, in case of an agent's license, the name and address of the employer of the licensed agent, and such other information as the superintendent of the department shall prescribe. The card shall certify that the person whose name appears thereon has been duly licensed as a dealer, broker or agent, as the case may be. The licensee shall carry such card at all times when buying, receiving, exchanging, transporting or soliciting or negotiating the sale of poultry. [1942]

Sec. 4:11-41. Investigations; grounds for refusing or revoking license.

The superintendent of the department may, upon his own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any dealer, broker or agent, or any person who assumes to act in such capacity within this State; and the superintendent may refuse to grant or may revoke a license for the following

causes:

(b) Where inaccurate or false weights are given: (c) Failure to keep records required by the super intendent or by law or when there has been a fail ure to produce such records and other documents when called upon to do so by the superintendent

(d) Continued failure to comply with the pro visions of this act [Secs. 4:11-35-4:11-49] or for any dishonest, deceptive or fraudulent practice [1942]

Sec. 4:11-44. Enforcement; rules and regulations.

The superintendent of the department shall hav general supervision of the administration of thi act [Secs. 4:11-35-4:11-49] and shall make such rules and regulations as he may deem necessar for its enforcement and all weights and measure officers in this State, in addition to their variou powers and duties now provided for by law, ar hereby charged with the duty of enforcing an executing the provisions of this act. [1942]

Sec. 4:11-45. Weight tickets for crates being transporte tags on crates; removal of poultry in transit.

Where crates or other containers containing liv poultry as originally purchased by the buyer a transferred from one vehicle to another for th purpose of transportation, the weight ticket cove ing each crate or container so transferred shall a