his discretion, may allow reasonable tolerances for short weight due to loss through handling and transporting. [1943]

Sec. 106–103. Rules and regulations for enforcement.

The board of agriculture is empowered to adopt

such rules and regulations as may be necessary for the enforcement of this article [Secs. 106-93-106-110], and a violation of such rules and regulations shall be a misdemeanor. [1909] Sec. 106-106. Penalty for violations.

Any manufacturer, importer, jobber, agent, or dealer who violates any of the provisions of this article [Secs. 106-93-106-110], shall be guilty of a misdemeanor and upon conviction shall be fined or imprisoned in the discretion of the court. [1909; last amended 1943.]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 12-"North Carolina Food, Drug and Cosmetic Act."

Sec. 106-121. Definitions.

For the purpose of this article [Secs. 106-120— 106-145]

(a) The term "commissioner" means the commissioner of agriculture; the term "department" means the department of agriculture, and the term "board" means the board of agriculture.

(b) The term "person" includes individual, partnership, corporation, and association.

(c) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.

(d) The term "drug" means (1) articles recognized in the official United States Pharmacopoeia, official Homoepathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any article specified in clauses (1), (2), or (3); but does not include devices or their components, parts, or accessories.

(f) The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such terms shall not include soap.

(h) The term "label" means a display of written,

888243-51-47

printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this article that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper.

(i) The term "immediate container" does not include package liners.

(j) The term "labeling" means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article.

(p) The provisions of this article regarding the selling of food, drugs, devices, or cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such article in the conduct of any food, drug or cosmetic establishment.

(q) The term "Federal Act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.). [1939]

Sec. 106-122. Prohibited acts.

The following acts and the causing thereof within the state of North Carolina are hereby prohibited:

(a) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded.

(b) The adulteration or misbranding of any food, drug, device, or cosmetic.

(c) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

(g) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the state of North Carolina from whom he received in good faith the food, drug, device or cosmetic.

(h) The removal or disposal of a detained or embargoed article in violation of Sec. 106-125. [1939]

Sec. 106-123. Injunctions.

In addition to the remedies hereinafter provided the commissioner of agriculture is hereby author

General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 12-"North Carolina Food, Drug and Cosmetic Act"-Continued.

ized to apply to the superior court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provisions of section 106-122; irrespective of whether or not there exists an adequate remedy at law. [1939]

Sec. 106-124. Penalty for violations; exceptions.

(a) Any person who violates any of the provisions of section 106-122 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment in county jail for not more than six months or a fine of not more than two hundred dollars, or both such imprisonment and fine; but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment in county jail for not more than twelve months, or a fine of not more than four hundred dollars, or both such imprisonment and fine.

(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated Section 106-122, subsection (a) or (c) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the state of North Carolina from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article [Secs. 106-120106-145], designating this article. [1939]

fraudulent within the meaning of this article [Secs. 106-120-106-145], he shall affix to such article a tag or other appropriate marking giving notice that such article is, or is suspected of being, misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. [1939]

Sec. 106-127. Treatment of minor violations.

Nothing in this article [Secs. 106-120-106-145] shall be construed as requiring the commissioner of agriculture to report for the institution of proceedings under this article, minor violations of this article, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. [1939]

(h) If it purports to be or is represented as (2) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by Section 106-128, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard. [1939]

Sec. 106-134. When drug deemed misbranded.

A drug or device shall be deemed to be misbranded

(a) If its labeling is false or misleading in any particular.

(b) If in package form unless it bears a label containing (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the board of agriculture.

(i) (1) If it is a drug and its container is so made, formed, or filled as to be misleading; [1939; last amended 1949.]

Sec. 106-137. When cosmetic deemed misbranded.

A cosmetic shall be deemed to be misbranded— (a) If its labeling is false or misleading in any particular.

(b) If in package form unless it bears a label containing (2) an accurate statement of the quantity, of the contents in terms of weight, measure, or numerical count: Provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the board of agriculture.

(d) If its container is so made, formed, or filled as to be misleading. [1939]

Sec. 106-139. Rules and regulations.

(a) The authority to promulgate regulations for the efficient enforcement of this article [Secs. 106120-106-145] is hereby vested in the board of agriculture, The board is hereby authorized to make the regulations promulgated under this article conform, in so far as practicable with those promulgated under the federal act [Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.]. [1939]

Sec. 106-144. Exemptions.

Meats and meat products subject to Federal Meat and Inspection Act approved March four, one thousand nine hundred and seven, as amended, are exempted from the provisions of this article [Secs. 106-120-106-145] so long as such meats and meat products remain in possession of the processor. [1939]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 13-Canned Dog Food.

Sec. 106-146. Marking requirements.

Every can of dog food sold, offered or exposed for sale within this state shall have printed thereon, in a conspicuous place on the outside thereof, a legible and plainly printed statement in the English language clearly and truly certifying the net weight of the can (provided, that all canned dog foods shall be in cans of one-half pound, or one pound, or multiples of one pound); * [1939; last amended 1941.]

Sec. 106-147. Definition.

The term "canned dog food" shall be held to include any article of food, packed in cans or hermetically sealed containers, and used for food for dogs or cats. [1939]

Sec. 106-152. Rules and regulations.

The board of agriculture is empowered to adopt standards for canned dog foods and such rules and regulations as may be necessary for the enforcement of this article [Secs. 106-146-106-158]. [ 1939]

Sec. 106-155. Offenses.

Any manufacturer, importer, jobber, agent or dealer who refuses to comply with the requirements of the provisions of this article [Secs. 106-146— 106-158], or any manufacturer, importer, jobber, agent or dealer [or] person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any chemist, inspector or other authorized agent in the performance of his duty in connection with the provisions of this article, shall be guilty of a violation of the provisions of this article. [1989]

Sec. 106-156. Penalties for violations.

Any manufacturer, importer, jobber, agent or dealer or who shall violate any of the provisions of this article [Secs. 106-146-106-158] shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding one hundred dollars for the first offense, nor more than two hundred dollars for each subsequent offense. [1939]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 17-Standard Packages for Farm Products. Sec. 106-186. Enforcement.

The board of agriculture is charged with the execution of the provisions of this article [Secs. 106-185-106-196], [1919]

Sec. 106-188. Promulgation of standards.

After investigation, and from time to time as may be practical and advisable, the board [of agriculture] shall have authority to establish and promulgate standards of opened and closed receptacles for, and standards for the grade and other classification of farm products, by which their quantity, quality, and value may be determined, and prescribe and promulgate rules and regulations governing the marks, brands, and labels which may be required for receptacles for farm products, for the purpose of showing the name and address of the producer or packer; the quantity, nature and quality of the product, or any of them, and for the purpose of preventing deception in reference thereto, and for the purpose of establishing a state brand for any farm product produced in North Carolina: Provided, that any standard for any farm product or receptacle therefor, or any requirement for marking receptacles for farm products, now or hereafter established under authority of the congress of the United States, shall forthwith, as far as applicable, be established or prescribed and promulgated as the official standard or requirement in this state: Provided, that no standard established or requirement for marking prescribed under this article [Secs. 106-185-106-196] shall become effective until the expiration of thirty days after it shall have been promulgated. [1919]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 17-Standard Packages for Farm Products— Continued.

Sec. 106-189. Receptacles must conform to standards; tolerances; exceptions.

Whenever any standard for an open or closed receptacle for a farm product shall be made effective under this article Secs. 106-185-106-196] no person shall pack for sale in and deliver in a receptacle, or sell in and deliver in a receptacle, any such farm product to which such standard is applicable, unless the receptacle conforms to the standard, subject to such variations therefrom as may be allowed in the rules and regulations made under this article, or unless the receptacle be of a capacity twenty-five per cent less than the capacity of the minimum standard receptacle for the product: Provided, that any receptacle for such farm product of a capacity within twenty-five per cent of, or larger than, the minimum standard receptacle for the product may be used if it be specifically described as not a standard size, or be conspicuously marked with the phrase, "Not standard size," in addition to any other markings which may be prescribed for such receptacles under authority given by this article.

Whenever any requirement for marking a receptacle for a farm product shall have been made effective under this article no person shall sell and deliver in this state any such farm product in a receptacle to which such requirement is applicable unless the receptacle be marked according to such requirements. [1919; last amended 1943.]

Sec. 106–195. Rules and regulations.

The board of agriculture is authorized to make and promulgate such rules and regulations as may be necessary to carry out the provisions of this article [Secs. 106–185–106–196]. Such rules and regulations shall be made to conform as nearly as practicable to the rules and regulations of the secretary of agriculture of the United States, prescribed under any act of congress of the United States relating to the marketing of farm products. [1919]

Sec. 106-196. Penalties for violations.

Any person who violates any provision of this article Secs. 106-185-106-196], or of the rules and regulations made under the article for carrying out its provisions, or fails or refuses to comply with any requirement thereof, or who willfully interferes with agents or employees in the execution, or on account of the execution, of his or their duties, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under this article shall be punished by a fine of not more than one hundred dollars, or by imprisonment in

the county jail for not more than thirty days, or by both in the discretion of the court. [1919] General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 29-Milk and Cream.

Sec. 106-267. Babcock test; supervision; inspection of glassware and scales; condemnation; tests for settling disputes.

The state department of agriculture shall have full power to make and promulgate rules and regulations for the dairy division of the department of agriculture in its inspection and control of the purchase and sale of milk and other dairy products in North Carolina; to make and establish definitions, not inconsistent with the laws pertaining thereto; to qualify and determine the grade and contents of milk and of other dairy products sold in this state; to regulate the manner of testing the same not inconsistent with the standard methods as promulgated by the American public health association, and of all inspections which may be lawfully made except those relating to public health and sanitation, in the handling, treatment, and sale of the said milk products, and such other rules and regulations not inconsistent with the law as may be necessary in connection with the authority hereby given to the commissioner of agriculture on this subject, and may license Babcock testers and revoke license.

The commissioner of agriculture shall be given authority to inspect all Babcock testers, glassware, and scales, as provided for in these regulations, and condemn such as are not found accurate and in good repair. He shall visit either in person, or by a deputy, all creameries, cheese factories, milk depots, etc., where milk and cream, and milk products are sold in this state, as often as may be nec essary, and shall supervise in any practical way, the work of all licensed testers as provided for in this section.

The commissioner of agriculture and his deputies shall be authorized and empowered to make such tests as are necessary to settle disputes when called upon by either buyer or seller of milk, cream, or other dairy products where such disputes arise over dissatisfaction regarding weight or tests of dairy products. Such tests shall be regarded as correct, and shall be used as a basis for settlement in such disputes. [1933]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 35-Public Livestock Markets.

The commissioner of agriculture, by and with the consent of the state board of agriculture, shall have full power to promulgate and enforce such rules and regulations that may hereafter be necessary to carry out the provisions of this article [Secs. 106-406-106-418]. [1941]

Sec. 106-417. Penalties for violations.

Any person, firm, or corporation who shall knowingly violate any provisions set forth in this article [Secs. 106-406-106-418] or any rule or regulation duly established by the state board of agriculture, or any officer or inspector who shall wilfully fail to comply with any provisions of this article shall be guilty of a misdemeanor, and shall be fined or imprisoned, or both, in the discretion of the court. [1941; last amended 1943.]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 39-Leaf Tobacco, Warehouses.

Sec. 106-452. Weighing: Fees.

The charges and expenses of handling and selling leaf tobacco upon the floor of tobacco warehouses shall not exceed the following schedule of prices, viz.: for weighing and handling, ten cents per pile for all piles less than one hundred pounds, for all piles over one hundred pounds at the rate of ten cents per hundred pounds; [1895; last amended 1941.]

Sec. 106-453. Oath of weigher.

All leaf tobacco sold upon the floor of any tobacco warehouse shall first be weighed by some reliable person, who shall have first sworn and subscribed to the following oath, to wit: "I do solemnly swear (or affirm) that I will correctly and accurately weigh all tobacco offered for sale at the warehouse of

and correctly test and

keep accurate the scales upon which the tobacco so offered for sale is weighed." Such oath shall be filed in the office of the clerk of the superior court of the county in which said warehouse is situated. [1895]

Sec. 106-454. Bill for weighing; penalty for violations of article.

The proprietor of each and every warehouse shall render to each seller of tobacco at his warehouse a bill plainly stating the amount charged for weighing *. For each and every violation of the provisions of this article [Secs. 106

452-106-455] a penalty of ten dollars may be recovered by any one injured thereby. [1895]

General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 40-Leaf Tobacco, Sales.

Sec. 106-463. Allowance for weight of baskets and trucks. It shall be unlawful for any person, firm or corporation in weighing tobacco for sale to permit or allow the basket and truck upon which such tobacco is placed for the purpose of obtaining such weight to vary more than two pounds from the standard or uniform weight of such basket and truck. [1933]

Sec. 106-464. Penalty for violating preceding section.

Any person, firm or corporation violating the provisions of section 106-463 shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. [1933] General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art. 51-Antifreeze.

Sec. 106-569. Definition.

(a) The term or word "antifreeze" shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point. [1949]

Sec. 106-571. When deemed misbranded.

An antifreeze shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular.

(2) If in package form it does not bear a label containing an accurate statement of the quantity of the contents in terms of weight or measure, and they are not plainly and correctly stated on the outside of the package or container. [1949]

Sec. 106-573. Enforcement; stop sale order; seizure.

The Commissioner of Agriculture shall administer and enforce the provisions of this Article [Secs. 106-569-106-579] If it appears that any of the provisions of this Article have been violated the Commissioner of Agriculture, acting through his authorized agents, inspectors or representatives, is hereby authorized to issue a "stopsale" order which shall prohibit further sale of any antifreeze being sold, exposed for sale or held with intent to sell within this State in violation of this Article, until the law has been complied with or said violation has otherwise been legally disposed of. Any antifreeze not in compliance with the provisions of this Article shall be subject to seizure