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Sec. 1738 (a1915). Method of testing cream.-All cream sold in the State of Idaho for manufacturing purposes shall be tested for butter fat by the following prescribed method: The Babcock test shall be employed, and samples used in testing shall be weighed on a suitable scale or balance, and where 18 grams are used as a sample the same shall be tested in a 9-inch bottle graduated to at least 0.5 per cent, or where 9 grams are used as a sample the same shall be tested in a 6-inch bottle graduated to at least 0.5 per cent, also graduated to give full reading of the test, and in all tests the column of butter fat shall be read at a temperature of not less than 120 degrees Fahrenheit.
Sec. 1740. Check to show number of pounds purchased.—Every person, corporation or company operating a creamery, when using the Babcock test as a standard to determine the value of any milk or cream received or bought by such person, corporation or company to be manufactured into butter, shall, when paying for such milk or cream, include in every statement or check issued to any patron in payment therefor a statement of the number of pounds of butter fat for which payment is made.
Sec. 1741. Apparatus to be correct.-Any manufacturer, merchant, dealer or agent in this State who shall offer for sale or sell a milk pipette or measure, test tube or bottle which is not correctly marked or graduated, as herein provided, shall be guilty of a misdemeanor.
Sec. 1744. Penalties.—Whoever shall violate any of the provisions of sections 1738 and 1743, inclusive, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $200, for each and every offense, or be imprisoned in the county jail not less than 30 days nor more than 60 days, or both such fine and imprisonment. Laws, 1925, ch. 224, p. 435.
Sec. 6. Babcock test.–Every person testing milk or cream to determine the milkfat as a basis of fixing the purchase price shall secure a tester's license from the department and shall make such tests only by such process as has been approved by the department, and no person shall make such tests without such license, and other than by such process. Each applicant for such license shall be required to submit to examination or by actual demonstration show that he is competent to test cream and milk according to the regulations prescribed by the department. The department shall furnish at cost to each licensee one standard test bottle and one standard pipette adapted to the use of the testing machine approved for the licensee. Said bottle and pipette shall be certified to by the department as a standard and shall bear the official stamp of the department. Any person not a licensee may secure test bottles and pipettes from the department at cost. The fee for each license shall be $2.50 per year. With the approval of the department any licensee may appoint a person to act for him not to exceed a period of fourteen days.
Sec. 7. Unlawful to falsely manipulate test.-No person shall falsely manipulate or misread the Babcock test or any other milk or cream testing apparatus. The writing of a check or payment of money by
a such person for cream or milk shall constitute prima facie evidence that such test was made.
Sec. 16. Repeal.-Sections 1739 and 1743 of the Idaho Compiled Statutes, and all other acts or parts of acts in conflict herewith, are hereby repealed. Comp. Stats., 1919, Vol. 1, ch. 86, p. 568.
Seo. 2032 (1917). Standards for farm products and receptacles. After investigation and public hearing the department of agriculture may, from time to time, as far as practicable, establish and promulgate standards for open and closed receptacles for farm products and standards for the grade and other classification of farm products, by which their quantity, quality or value may be determined, and prescribe and promulgate rules and regulations governing the marks, brands and labels which may be required upon 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: Provided, That any standard for any farm product or receptacle therefor or any requirement for making receptacles for farm products now or hereafter established under authority of the Congress of the United States, shall forthwith, as far as applicable and practicable, be established or prescribed and promulgated by the department as the official standard or requirement in this State: Provided, further, That no standard established or requirement for marking prescribed under this article shall become effective until the expiration of six months after it shall have been promulgated.
Sec. 2038 (1919). Fruit boxes, how marked; misuse of labels.-It shall be the duty of every person growing or packing and selling, offering for sale [or] shipping in closed boxes or packages, any fruit grown in this State, to plainly mark the same on the outside of the box or package with the name of the variety contained therein or with the words“ variety unknown," the name of the place or locality where grown and the name of the grower, or, in case of sale or shipment through an association or organization of growers, the name of such association, and the lot number of the grower, and, in case of apples, pears or peaches, the net weight or the number contained in the package,
Provided, That nothing in this section shall be construed to apply to canned or dried fruit.
Sec. 2057 (1917). Sacked products to be sold by weight. The buyer of grains, vegetables or other farm products sold by weight in sacks shall have the right to deduct the net weight of the sacks from the total weight before settling for the same: Provided, That when the weight of the said sacks are so deducted said sacks shall belong to the seller, and the buyer shall so mark the said sacks as to identify them properly and return them to the seller within sixty days thereafter upon the seller paying the return freight charges on the same from the point of unsacking: Provided, further, That this law shall not apply where no deduction is made for the weight of the sacks.
Sec. 2058. Violation, penalty.-Any buyer, as mentioned in the preceding section, who violates the provisions thereof shall pay to the seller named therein the retail price of all sacks not returned within the sixty days, as provided, and if suit shall be started to recover the same he shall pay ten per cent in addition as liquidated damages and also a reasonable attorney's fee and costs.
Comp. Stats., 1919, Vol. 1, ch. 115, p. 663.
Sec. 2468 (1913). Service of electric, gas, and water corporations; determination of standards. The commission (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 corporations; 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 measurements; and to provide for the examination and testing of any and all appliances used for the measurement of any product, commodity or service of any such public utility.
Sec. 2470. Consumer may have commodity or appliance tested.—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. Stats., 1919, Vol. 2, ch. 217, p. 1579.
Sec. 5557 (1899). Measurement of water.-A cubic feet of water per second of time shall be the legal standard for the measurement of water in this State, and it shall be the duty of the department of reclamation to devise a simple, uniform system for the measurement and distribution of water. Comp. Stats., 1919, Vol. 1, ch. 112, p. 656.
Sec. 2344 (1903). Official seats of inspectors.— The inspector of lumber district number one shall keep his office at Sandpoint, Idaho; of district number two, at Harrison, Idaho; of district number three, at Princeton, Idaho; of district number four, at Emmett, Idaho; of district number five, at Lewiston, Idaho.
Sec. 2346. Measuring lumber.-Each lumber inspector shall, in person or by deputy, at the request of any owner of logs, timber or lumber, after a scalement or measurement thereof, make a bill stating therein the number of logs, the number of feet, board measure, contained in such logs and lumber, and the number of feet, cubic running, or board measure, contained in said timber, and at whose request the same were scaled or measured, and to whom scaled or measured, a copy of which he shall enter upon the books of his office, to be provided by him and kept for that purpose, with the marks as they occurred upon the logs. A correct bill of the same shall be given to such owner, with a certificate thereto attached that it is a true and correct bill, which bill so certified shall be presumptive evidence of the facts therein contained and of the correctness of such scalement or measurement in all courts, except in favor of the inspector who made the same.
Sec. 2347. Allowance for rotten logs; accounts of deputies.-Each lumber inspector and his deputies shall, in surveying or measuring logs, make such allowance for hollow, rotten or crooked logs as would make them equal to good, sound, straight, merchantable logs; and all logs that are straight and sound are to be measured at their full size, inside the bark at the small end. Each lumber inspector shall require of each of his deputies, at the end of each month, a correct account of all the logs, lumber or timber measured by him during the month next preceding, and he shall immediately enter such account upon the books of his office.
Sec. 2348 (a1919). Standard of log measurement.-Unless otherwise agreed upon, the Scribner decimal C rule shall be the standard rule for scaling or measuring logs in the said districts; but in all cases the bill of the inspector shall state by what rule the logs were scaled or measured.
Smith's Revised Stats., 1921, ch. 147, p. 2002.
Sec. 1 (a1921). State standard of weights and measures.—The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836, and July 27, 1866, to wit, one yard measure, one standard half bushel containing one thousand and seventy-five and twenty-one hundredths standard cubic inches, one standard wine gallon containing two hundred and thirty-one standard cubic inches, one-half gallon, one wine quart, one wine pint, one wine half pint, one set of avoirdupois weights, consisting of fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, and from eight ounces down to one dram; one set of troy weights, from five thousand pennyweights down to half a grain and from one pound down to the ten-thousandth part of an ounce, 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 of weights and measures.
Sec. 2. Office standard to be kept in office of director of trade and commerce; verification.-In addition to the State standards of weights and measures, provided for above, there shall be supplied by the State at least one complete set of copies of these, to be kept at all times in the office of the director of trade and commerce, and to be known as office standards; and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this act, to be known as working standards. Such weights, measures, and apparatus shall be verified by the director of trade and commerce upon their initial receipt, and at least once in each year thereafter the office standards shall be verified by direct comparison with the State standards, the working standards by comparison with the office standards. When found accurate upon these tests, the office and working standards shall be sealed by stamping on them the letter “ILL” and the last two figures of the year with seals which the director of trade and commerce shall have and keep for that purpose. The office standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the director of trade and commerce, and the State standards shall be used only in verifying the office standards and for scientific purposes.
Sec. 3. Safekeeping of standards. The director of trade and commerce shall take charge of the sandards adopted by this act as the standards of the State, and cause them to be kept in a fireproof building belonging to the State (or in a safe and suitable place in the office of the director of trade and commerce), from which they shall not be removed except for repairs or for certification, and he shall take