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CH. 188]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

ments that will interfere with the proper observance of the day which is set apart as Memorial Day, prior to the hour of three o'clock p. m. of said day. Any violation of this act shall be punishable by a fine of not less than five ($5.00) dollars or more than one hundred ($100) dollars, or by imprisonment in the county jail not to exceed 30 days in the discretion of the court.

SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect immediately after its publication in the Des Moines Capital and the Register and Leader, papers published in Des Moines, Iowa. Approved March 15, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 16, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 187.

COMBINATIONS, POOLS AND TRUSTS.

H. F. 474.

AN ACT to amend section five thousand sixty-two (5062) of the code, relative to penalty for combinations, pools and trusts.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Penalty changed. That section five thousand sixty-two (5062) of the code be and the same is hereby amended by striking from the third, fourth and fifth lines of said section the following: "one per cent of its capital or amount invested in such corporation, company, firm or association, nor more than twenty per cent of the same", and by inserting in lieu thereof the following: "five hundred nor more than five thousand dollars."

SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved April 5, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 6, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 188.

GRAIN COMBINATIONS.

H. F. 105.

AN ACT to prohibit any person, company, partnership, association, or corporation, engaged in the business of grain dealing, or owning or operating grain elevators, from combining or entering into any agreement, contract, trust, or pool to fix the prices to be paid for grain, or to prevent the free action of competition in the buying of grain, or the selling of grain, and to provide punishment for the violation of this act. [Additional to chapter thirteen (13) of title twenty-four (XXIV) of the code, relating to cheating by false pretenses, gross frauds and conspiracy.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Grain combinations prohibited. That it shall be unlawful for any person, company, partnership, association, or corporation owning or oper

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

[CH. 189

ating any grain elevator or engaged in the business of buying, selling, handling, consigning, or transporting grain, to enter into any agreement, contract, or combination with any other grain dealer, or grain dealers, partnership, company, corporation, or association of grain dealers, whether within or without the state, engaged in like business, for the fixing of prices to be paid for grain by different dealers or buyers; or to divide between said dealers the aggregate or net proceeds of the earnings of such dealers and buyers, or any portion thereof; or to form, enter into, maintain, or contribute money or anything of value to any trust, pool, combination, or association of persons of whatsoever character or name, which has for any of its objects the prevention of full and free competition among buyers, sellers, or dealers in grain; or to do or permit to be done by his or their authority any act or thing whereby the free action of competition in the buying or selling of grain is restrained or prevented.

SEC. 2. Liability for damages. That in case any person, company, partnership, corporation or association, trust, pool or combination of whatsoever name shall do, cause to be done, or permit to be done, any act, matter or thing in this act prohibited or declared to be unlawful, such person, partnership, company, association, corporation, trust, pool or combination shall be liable. to the person, partnership, company, association or corporation injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act, together with a reasonable attorney's fee to be fixed by the court in every case of recovery and to be taxed as part of the costs in the case, and the property of any person who may be a member of any such trust, pool, combination, corporation or association, violating the provisions of this act, shall be liable for the full amount of such judgment.

SEC. 3. Penalty-duty of grand jury. That any person, partnership, company, association or corporation subject to the provisions of this act, or any person, trust, combination, pool or association, or any director, officer, lessee, receiver, trustee, employe, clerk, agent or any person acting for or employed by them or either of them, who shall violate any of the provisions of section 1 of this act, or who shall aid and abet in such violation, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be fined any sum not less than five hundred dollars, ($500) and not exceeding two thousand dollars, ($2000) or imprisoned in the county jail for a period not exceeding six months, or both, at the discretion of the court. It shall be the duty of the grand jury to enquire into and ascertain if there exists any pool, trust, combination or violation of any provision in this act, in their respective counties. Approved March 20, A. D. 1907.

CHAPTER 189.

AGRICULTURAL SEEDS AND CONCENTRATED COMMERCIAL FEEDING-STUFFS. S. F. 18.

AN ACT to prevent fraud in the sale of agricultural seeds, concentrated commercial feeding-stuffs and the materials from which they are manufactured, and to regulate the sale thereof, defining concentrated commercial feeding-stuffs and what shall constitute purity in various kinds of seeds; prohibiting the adulteration and providing for the correct weighing and marking of agricultural seeds and concentrated commercial feeding-stuffs; and providing for the collection of samples, analyses of the same, and fixing penalties for its violation; and vesting the execution and enforcement of this act in the state food and dairy commissioner, and making an appropriation therefor. [Additional to chapter thirteen (13) of title twenty-four (XXIV) of the code, relating to cheating by false pretenses, gross frauds and conspiracy.] Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Statements required. Every lot in bulk, barrel, bag, pail, par

CH. 189] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

cel or package of concentrated commercial feeding-stuffs as defined in section three (3) of this act; and every parcel, package or lot of agricultural seeds as defined in section nine (9) of this act, and containing one pound or more, offered or exposed for sale in the state of Iowa for use within this state, shall have affixed thereto, in a conspicuous place on the outside thereof, distinctly printed in the English language in legible type not smaller than eight point heavy gothic caps, or plainly written a statement certifying:

1. In case of concentrated commercial feeding-stuffs:

First. The number of net pounds of feeding-stuffs in the package. Second. The name, brand or trade-mark under which the article is sold. Third. The name and address of the manufacturer, importer, dealer or agent.

Fourth. The place of manufacture.

Fifth. Except in the case of condimental stock food; patented, proprietary or trade-marked stock and poultry foods, claimed to possess medicinal or nutritive properties, or both, the chemical analysis of the feeding-stuffs, stating the percentages of crude protein, crude fat, and crude fiber, allowing one per cent of nitrogen to equal six and twenty-five one hundredths per cent of protein, all three constituents to be determined by the latest methods adopted by the Association of Official Agricultural Chemists of the United States. 2. In the case of agricultural seeds:

First. Name of the seed.

Second. Full name and address of the seedsman, importer, dealer or agent. Third. A statement of the purity of the seed contained, specifying the kind and percentage of the impurities as defined in sections eleven (11) and twelve (12) hereof, provided that said seeds are below the standards fixed in this aet.

Fourth. Locality where said seed was grown, when known.

SEC. 2. Additional statement or label. Every barrel, bag, pail, parcel or package of concentrated commercial feeding-stuffs as defined in section three (3) of this act, and every feed intended for domestic animals that is compounded from two or more substances, in addition to the requirements of section one (1), shall have affixed thereto, in a conspicuous place on the outside thereof, a statement in the manner and form prescribed in section one (1), giving the true and correct names of all the ingredients of which it is composed. Except condimental stock food; patented, proprietary of [or] trade-marked stock or poultry foods, claimed to possess medicinal or nutritive properties, or both; and these shall be labeled or branded so as not to deceive or mislead the purchaser in any way, and the contents of any such package shall not be substituted in whole or in part for any other contents. Any statement, design or device upon the label or package regarding the substances contained therein, shall be true and correct, and any claim made for the feeding, condimental, tonic or medicinal value, shall not be false or misleading in any particular. The. name and percentage of any deleterious or poisonious ingredient or ingredients, shall be plainly stated upon the outside of the package or container. The name and percentage of the dilutent or dilutents, or bases, shall be plainly stated on the outside of the package or container.

SEC. 3. Concentrated commercial feeding-stuffs defined. The term concentrated commercial feeding-stuffs, as used in this act, shall include alfalfa meals and feeds; dried beet refuse; ground beef or fish scraps; bean meals; dried blood; brewers' grains, both wet and dry; cerealine feeds; cocoanut meals; corn feeds; corn and oat feeds; corn, oat and barley feeds; compounds under the name of corn and cob meals; corn bran; clover meal; cottonseed meal and feeds; germ feeds; distillers' grains; gluten meals; gluten

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 189

feeds; hominy feeds; linseed meals; malt refuse; malt sprouts; meat meals; meat and bone meals; mixed feeds of all kinds; oil meals of all kinds; oat feeds; oat bran; oat flour; oat middlings; oat shorts; pea meals poultry foods; rice bran; rice meal; rice polish; rye bran; rye middlings; rye shorts; starch feeds and starch factory by-products; tankage and packing house by-products; wheat bran; wheat middlings; wheat shorts; and low grade wheat flour; and all materials of similar nature used for domestic animals; also condimental stock foods; patented proprietary or trade-marked stock or poultry feeds claimed to possess medicinal or nutritive properties or both; and all other materials intended for feeding to domestic animals. But it shall not include; hay; straw; whole seeds; unmixed meals made from the entire grains of wheat, rye, barley, oats, Indian corn, buckwheat, and broom corn; nor wheat flours nor other flours fit for human consumption.

SEC. 4. Certified copy of statement and samples furnished food and dairy commissioner. Before any concentrated commercial feeding-stuffs, as defined in section three (3) of this act, is offered or exposed for sale, the importer, manufacturer, person or party who causes it to be sold or offered for sale within the state of Iowa, for use within this state, for each and every feedingsuff bearing a distinguishing name or trade-mark, shall file with the state food and dairy commissioner a certified copy of the statement named in section one (1) of this act, and shall also deposit with the said state food and dairy commissioner a sealed glass jar or bottle containing not less than one pound of the feeding-stuff to be sold or offered for sale, accompanied by an affidavit that it is a fair average sample thereof and corresponds within reasonable limits to the feeding-stuff which it represents.

SEC. 5. Inspection fee-license fee-tax tags. Before any manufacturer, importer, dealer or agent shall offer or expose for sale in this state any of the concentrated commercial feeding-stuffs defined in section three (3) of this act, he shall pay to the state food and dairy commissioner an inspection fee of ten cents per ton for each ton of such concentrated commercial feeding-stuffs sold or offered for sale in the state of Iowa for use within this state; except that every manufacturer, importer, dealer or agent for any condimental, patented, proprietary or trade-marked stock or poultry foods, or both, shall pay to the state food and dairy commissioner, on or before the fifteenth day of July of each year, a license fee of one hundred ($100.00) dollars, in lieu of such inspection fee. Whenever the manufacturer or importer of such foods shall have paid the fee herein required, no other person or agent of such manufacturr or importer shall be required to pay such license fee; and shall affix to each lot shipped in bulk, and to each bag, barrel or package of such concentrated commercial feeding-stuffs, a tag, to be furnished by the said state food and dairy commissioner, stating that all charges specified in this section have been paid; provided, that the inspection fee herein required shall not apply to unadulterated wheat, rye and buckwheat bran, nor wheat, rye and buckwheat middlings, nor to wheat, rye and buckwheat shorts manufactured in this state. The said state food and dairy commissioner is hereby empowered to prescribe the form of such tag and adopt such regulations as may be necessary for the enforcement of this act. Tags for use upon concentrated commercial feeding-stuffs shall be issued in denominations suitable for use with twenty-five, fifty and one hundred pounds net, except as hereinafter provided; provided, that any dealer who sells at one time to any other person one ton or more of concentrated commercial feeding-stuffs, shall be held to have complied with the provisions of this section if he delivers to the purchaser the tax tags herein required, even though they may not be attached to the various packages.

SEC. 6. Samples-analysis. The state food and dairy commissioner shall cause to be made analyses of all concentrated commercial feeding-stuffs and

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agricultural seeds sold or offered for sale in this state. Said state food and dairy commissioner is hereby authorized, in person or by deputy, to take for analysis a sample from any lot or package of concentrated commercial feedingstuffs in this state, not exceeding two pounds in weight; and in case of agricultural seeds, a sample not exceeding four ounces in weight; but said sample shall be drawn or taken in the presence of the party or parties in interest, or their representative, and shall be taken from a parcel, lot or number of parcels which shall not be less than five per cent of the whole lot inspected, and shall be thoroughly mixed and divided into two samples and placed in glass or metal vessels carefully sealed and a label placed on each, stating the name or brand of the feeding-stuff, agricultural seeds or material sampled, the name of the party from whose stock the sample is drawn, and the date and place of taking such sample, and said label shall be signed by the said state food and dairy commissioner, or his authorized agent; or said sample may be taken in the presence of two disinterested witnesses. One of said duplicate samples shall be left on the premises of the party whose stock was sampled and the other retained by the state food and dairy commissioner for analysis and comparison with the certified statements required by sections. one (1) and four (4) of this act. The result of the analysis of the sample, together with additional information, shall be published from time to time in bulletins issued by the state food and dairy commissioner upon approval of the executive council.

SEC. 7. Analysis made on request of purchaser-fee. Any person purchasing any concentrated commercial feeding-stuffs or agricultural seeds in this state for his own use may submit fair samples of said feeding-stuffs or seeds to the state food and dairy commissioner, who, upon receipt of an analysis fee of fifty cents for each sample of agricultural seeds and one dollar for each sample of concentrated commercial feeding-stuff, shall cause an analysis of the same to be made.

SEC. 8. Wheat or rye screenings. No person shall sell in ground form wheat or rye screenings containing cockle or other poisonous or deleterious substances.

SEC. 9. Agricultural seeds defined. The term agricultural seeds, as used in this act, shall include the seeds of the red clover, white clover, alsike clover, alfalfa, Kentucky blue grass, timothy, brome grass, orchard grass, red top, meadow fescue, oat grass, rye grass, and other grasses and forage plants, flax, rape and cereals.

SEC. 10. Agricultural seeds to be free from impure seeds. No person shall sell, offer or expose for sale or distribution in this state for the purpose of seeding, any of the agricultural seeds as defined in section nine (9) of this act, unless the said seeds are free from the seeds of the following weeds: wild mustard or charlock (Brassica sinapistrum), quack grass (Agropyron repens), Canada thistle (Cnicus arvensis), wild oats (Avena fatua), clover and alfalfa dodder (Cuscuta epithymum), field dodder (Cuscuta arvenis), and corn cockle (Lychnis githago).

SEC. 11. Impurities in agricultural seeds. The seeds of the following weeds shall be considered as impurities in the agricultural seeds, as defined in sec. tion nine (9) of this act, sold, offered or exposed for sale within the state for the purpose of seeding: white cockle (Lychnis vespertina), nightflowering catchfly (Silene noctiflora), curled dock (Rumex crispus), smooth dock (Rumex altissimus), sheep sorrel (Rumex acetosella), yellow trefoil (Medicago lupulina), burr clover (Medicago denticulata), sweet clover (Melilotus alba and officinalis), black mustard (Brassica nigra), plantain, buckhorn (Plantago lanceolata), bracted plantain (Plantago aristata), bindweed (Convolvulus sepium), smooth crab grass (Panicum glabrum), common chickweed (Stellaria media). When such impurities or

any

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