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any person, or persons engaged in buying, selling, testing or handling, or engaged in determining the value of milk, cream or other dairy products by the use of the Babcock test, to give by himself or his agent any false reading of the test or to manipulate the test in any way so as to give a higher or lower per cent, of butterfat than the milk, cream, or other dairy products actually contain, or to cause any inaccuracy in reading the per cent of butterfat by securing from any quantity of milk, cream or other dairy products to be tested, an inaccurate sample for the test. It shall be unlawful for any persons to use any test tube, bottle, pipette, or instrument in connection with such test, which is not perfectly clean; and for the purpose of this act, any such unclean glassware is declared to be inaccurate.
In the use of the Babcock test, the standard milk measure or pipettes shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or bottles for milk shall have a graduated capacity of two cubic centimeters for each 10 per cent marked on the necks thereof; cream shall be tested by weight and the standard unit for testing shall be 9 grams or 18 grams, and it shall be unlawful to use any other standards of milk or cream measure in creameries or cheese factories or any other place where milk or cream is purchased by or furnished to a receiver and the value of said milk or cream is determined by the per cent of butterfat contained in the same.
It shall be unlawful for any manufacturer, merchant, dealer or agen to offer for sale or to sell a milk pipette or measure, test tube, or bottle which is inaccurate or not correctly marked or graduated as herein described.
In sampling cream or milk from which composite tests are to be made, to determine the per cent of butterfat contained therein, no such sample or sampling shall be lawful unless a sample be taken from each weighing and the quantity thus used shall be proportioned to the total weight of the cream or milk sampled.
It is hereby required in making tests of milk or cream for the purpose of determining the value of such milk or cream when bought, or sold, that the milk shall be poured once from one vessel to another, and that cream shall be poured from one vessel to another at least three times before sampling, unless the said milk or cream is thoroughly stirred and sampled by the “McKay” sampler, or some other recognized sampler that will secure a representative sample.
All tests shall be maintained in a water bath for five minutes at a temperature between 120 degrees and 130 degrees F. until read. * (Except when glymol or other light reading oil is used for cream tests, the tests shall be held at a temperature between 135 degrees and 140 degrees F. in a water bath for five minutes until read.) All oils used in reading tests shall be approved by the State dairy commissioner.
It shall be unlawful after the passage of this act, for any person to sample or test milk, cream, or other dairy products for the purpose of determining the value of such products when bought and sold or to instruct another person for such purpose without first having a license granted by the State dairy commissioner and such license shall be conspicuously displayed in his place of business. This license shall be granted to those who shall have completed a
course in milk and cream testing in any recognized college or dairy school, or to those who shall pass a satisfactory examination under the direction of the State dairy commissioner; and beginning July 1, 1923, payment of a yearly fee of three dollars ($3.00) shall be required and the license shall be issued for the period of one year dating July first next preceding actual date of issue, subject to cancellation by the State dairy commissioner at any time that he shall find that the person holding said permit is incompetent or guilty of violating any of the provisions of this Act. All testers licenses in force June 30, 1923, shall become null and void upon that date. Comp. Laws, 1921, ch. 46, p. 917.
Sec. 2942 (1913). Standards for electricity, gas, and water; enter and examine; test meters.-(a) The commission (the public utilities commission) shall have power, after hearing had upon its own motion or upon complaint, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished, imposed, observed and followed by all electrical, gas, and water public utilities; to ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the product, commodity or service furnished or rendered by any such public utility; to prescribe reasonable regulations for the examination and testing of such product, commodity or service and for the measurement thereof; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement and weighing; and to provide for the examination and testing of any and all appliances used for the measurement or weighing of any product, commodity or service of any such public utility.
(6) The commissioners and their officers and employees shall have power to enter upon any premises occupied by any public utility, for the purpose of making the examinations and tests and exercising any of the other powers provided for in this act, and to set up and use on such premises any apparatus and appliances necessary therefor. The agents and employees of such public utility shall have the right to be present at the making of such examinations and tests.
(c) Any consumer or user of any product, commodity or service of a public utility may have any appliance used in the measurement thereof tested upon paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for testing such appliances on the request of the consumer or user, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance is found defective or incorrect to the disadvantage of the consumer or user, under such rules and regulations as may be prescribed by the commission. Comp. Laws, 1921, ch. 54, p. 1052.
Sec. 3549 (1913). Scales, inspection; testing weights certified. It shall be the duty of every corporation, company or person engaged in the business of mining and selling by weight, to procure and constantly keep on hand, at the proper place, the necessary scales and whatever else may be necessary to correctly weigh the coal mined and taken out by the workmen or miners of such corporation, company or person, and it shall be the duty of the inspector of weights and measures of each county, in which the coal is mined and sold, to visit each coal mine operated therein, once each year, unless oftener requested by the owner or the miners, to test the correctness of the scales. If in any county there is no inspector of weights and measures, then the deputy inspector of coal mines of the district in which the mine is located, shall be required to test the correctness of such scales within a reasonable time after application is made by either the owner or the miners. All weights necessary for testing and adjusting scales shall be duly certified and shall be provided by the owner.
Sec. 3550. Manner of weighing coal; ton for coal mined.-All the coal mined shall be weighed in the car or other receptacle in which it is removed from the mine before it is screened, or before it passes over, or is dumped upon any screen or any other device which may let, or be capable of letting a portion of the coal drop through such screen or device, and the miner shall be paid for the mining of such coal according to the weight so ascertained at such price per ton of two thousand pounds as may be agreed upon by and between such owner and miner or miners who mine the same, except that where coal is mined from pitching veins, the miners shall be paid upon a yarda ge basis, except when otherwise agreed to between owner and miner.
Sec. 3551. Check weighmen.-Hereafter at each coal mine, at the option of the majority of the miners working therein, there shall be employed one or more check weighmen, whose wages shall be paid by the miners therein employed; said check weighman shall run a coal check and shall deduct a sufficient and equal amount from each ton of coal weighed to guarantee him the wages agreed upon between said check weighman and said miners; the check weighman shall be paid by the owner in the same manner and at the same rate per ton
other employees running coal checks. The duties of such check weighman shall be to see that all coal mined in the mine at which he is employed, is correctly weighed and accredited, and for that purpose every such aforesaid owner shall give to such check weighman access to all scales and weights used for that purpose and to all books wherein the weights of the coal mined by the miners of said mines are recorded. The owner shall provide a convenient and suitable office on the tipple for weighing coal, which said office shall be kept in a comfortable and sanitary condition.
Gen. Stats., 1918, Vol. 1, ch. 121, p. 715.
Sec. 2304 (1911). Standard of weights and measures.-The weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the National Bureau of Standards, shall be the State standards, by which all county and municipal standards of weights and measures shall be tried, proved, and sealed.
Sec. 2305 (a1913). State police superintendent to be superintendent of weights and measures-Appointment of deputy superintendent.--The superintendent of State police shall be State superintendent of weights and measures. There shall be a deputy superintendent of 'weights and measures to be appointed by said superintendent to hold office during the term of said superintendent unless removed by him or by the commissioners of State police. The deputy superintendent of weights and measures is empowered to act as assistant superintendent of State police, with all the powers of the superintendent when directed so to act by the superintendent or by the commissioners of State police. Any State policeman shall act as inspector of weights and measures, with all the powers incident to that office, when directed so to act by the superintendent or deputy superintendent of weights and measures. Neither the deputy superintendent nor any State policeman shall receive any salary other than that incident to his office of deputy or policeman while acting as such assistant or as such inspector. The State superintendent of weights and measures and his deputy shall be under the direction of the commissioners of State police, and all appointments made by said superintendent shall be subject to the approval of said commissioners.
Sec. 2306 (a1917). Duties of superintendent of weights and measures.The superintendent of weights and measures shall take charge of the standards adopted under the provisions of this chapter as the standards of the State, and cause them to be kept in a fireproof building belonging to the State, or in a suitable place in his office, from which they shall not be removed except for repairs or for certification, and he shall take all other necessary precautions for their safe-kecping. He shall maintain the State standards in good order and shall submit them at least once in ten years, to the National Bureau of Standards for certification. He shall, at least once in two years, test by the State standards all standard weights, measures and other apparatus which belong to any county, city or borough and shall seal such apparatus as is found to be accurate, by stamping thereon, with seals kept for that purpose, the letter “C” and the last two figures of the year of certification. He shall have general supervision of the weights, measures and weighing and measuring devices sold, offered for sale or used in the State. He, or his deputy or inspectors by his direction, shall, at least once in each year, test all scales, weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the general assembly, and he shall report in writing, his findings to the supervisory board and to the executive officer of the institution concerned, and at the request of such board or executive officer, the superintendent of weights and measures shall appoint in writing, one or more employees, in the service of each institution, who shall act as special deputies for the purpose of checking the receipt or disbursement of supplies. He shall keep a complete record of the standards, balances and other apparatus belonging to the State, and take a receipt for the same from his successor in office. The State superintendent, or his deputy or inspectors at his direction, shall, at least once in two years, inspect the work of the local sealers throughout the State and shall have power to inspect and ascertain the correctness of all weights, scales, beams, measures, instruments or mechanical devices for measuring, and tools, appliances or accessories connected with any such instruments or measures kept, offered or exposed for sale, sold, used or employed by any proprietor, agent, lessee or employee in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption, offered or submitted by such person or persons for sale, hire or reward; and shall, from time to time, weigh or measure packages or amounts of commodities of any kind kept for the purpose of sale, offered for sale or sold, or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in accordance with' law. They may, for such purpose, and in the general performance of their official duties, enter without warrant, into or upon any stand, place, building or premises, or stop any vendor, peddler, junk dealer, driver of any coal wagon, ice wagon or delivery wagon, or any dealer and require him, if necessary, to proceed to some place which they may specify, for the purpose of making the proper tests. The State superintendent or his deputy or inspectors may seal such weighing or measuring instruments or apparatus as is found to be correct and may seize and destroy incorrect weights, measures or weighing or measuring instruments. The superintendent shall issue, from time to time regulations for the guidance of county, city and borough sealers, and such regulations shall govern the procedure to be followed by said officers in the discharge of their duties. The State superintendent of weights and measures shall, forthwith upon his appointment, give a bond in the penal sum of 'five thousand dollars with sureties approved by the attorney general, for the faithfui performance of the duties of his office, and for the safety of the standards intrusted to his care and for the surrender thereof immediately to his successor in office, or to the person appointed by the governor to receive the same. The deputy superintendent of weights and measures shall, forthwith upon his appointment, give a bond in the penal sum of one thousand dollars, with sureties approved by the attorney general, for the faithful performance of the duties of his office and for the safety of any apparatus intrusted to his care.