Code, 1924, ch. 165, p. 440.

Sec. 3266 (a1924). Duty to inspect.-The department shall make an inspection of all weights and measures wherever the same are kept for use in connection with the sale of any commodity sold by weight or measurement, of where the price to be paid for producing any commodity is based upon the weight or measurement thereof; and when complaint is made to the department that any false or incorrect weights or measures are being made under said conditions, said department shall have the same inspected.

Sec. 3267. Inspection fees.-An inspection fee shall be charged the person owning or operating the scale so inspected in accordance with the following schedule: Scales with a five hundred pounds capacity up to and including four thousand pounds capacity, one dollar each; scales over four thousand pounds capacity up to and including twenty-one thousand pounds capacity, three dollars each; scales over twenty-one thousand pounds capacity not including railroad track scales, five dollars each; railroad track scales, ten dollars each; all hopper or automatic scales, two dollars each.

Sec. 3268. Payment by party complaining.-When such inspection shall be made upon the complaint of any person other than the owner of the scale, and upon examination the scale is found by the department to be accurate for weighing, the inspection fee for such inspection shall be paid by the person making complaint.

Sec. 3269. Limitation on the number of inspections.-No person shall be required to pay more than two inspection fees for any one scale in any one year unless additional inspections are made at the request of the owner of said scales.

Sec. 3270. Confiscation and condemnation of scales.-The department may seize without warrant and confiscate any incorrect scales, weights, or measures, or any weighing apparatus or part thereof which do not conform to the State standards or upon which the license fee has not been paid. If any weighing or measuring apparatus or part thereof be found out of order the same may be tagged by the department " Condemned until repaired," which tag shall not be altered or removed until said apparatus is properly repaired.

Sec. 3271. Possession of false weights or measures. If any person engaged in the purchase or sale of any commodity by weight or measurement, or in the employment of labor where the price thereof is to be determined by weight or measurement of the articles upon which labor is bestowed, has in possession any inaccurate scales, weights, or measures, or other apparatus for determining the quantity of any commodity, which do not conform to the standard weights and measures, he shall be punished as provided in chapter 147.

Sec. 3272. Transactions by false weights or measures.-Any person shall be deemed to have violated the provisions of this chapter and shall be punished as provided in chapter 147:

1. If such person sell, trade, deliver, charge for or claim to have delivered to a purchaser an amount of any commodity which is less in weight or measure than that which is asked for, agreed upon, claimed to have been delivered, or noted on the delivery ticket.

2. If such person make settlement for or enter credit, based upon any false weight or measurement, for any commodity purchased.

3. If such person make settlement for or enter credit, based upon any false weight or measurement, for any labor where the price of producing or mining is determined by weight or measure.

4. If such person record a false weight or measurement upon the weight ticket or book.

Sec. 3273. Reasonable variations; small packages.-In enforcing the provisions of the preceding section reasonable variations shall be permitted and exemptions as to small packages shall be established by rules of the department.

Sec. 3274. Powers of cities and towns limited.-Commodities weighed upon any scale bearing the inspection card, issued by the department, shall not be required to be reweighed by any ordinance of any city or town or city under special charter or under the commission form of government, nor shall their sale, at the weights so ascertained, and because thereof, be, by such ordinance, prohibited or restricted. Code, 1924, ch. 147, p. 412.

Sec. 3029 (a1924). Definitions and rules of construction.-For the purpose of this title:

1. "Article" shall include food, commercial feed, agricultural seed, commercial fertilizer, drug, insecticide, fungicide, paint, linseed oil, turpentine, and illuminating oil, in the sense in which they are defined in the various provisions of this title.

2. "Department" shall mean the department of agriculture, and, wherever said department is required or authorized to do an act, it shall be construed as authorizing performance by a regular assistant or a duly authorized agent of said department.

3. "Secretary" shall mean the secretary of agriculture.

4. "Package" or "container," unless otherwise defined, shall include wrapper, box, carton, case, basket, hamper, can, bottle, jar, tube, cask, vessel, tub, firkin, keg, jug, barrel, tank, tank car, and other receptacles of a like nature; and wherever the expression "offered or exposed for sale or sold in package or wrapped form" is used it shall mean the offering or exposing for sale, or selling of an article which is contained in a package or container as herein defined.

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Sec. 3037. Labeling.-All articles in package or wrapped form which are required by this title to be labeled, unless otherwise provided, shall be conspicuously marked in the English language in legible letters of not less than eight-point heavy Gothic caps on the principal label with the following items:

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2. The quantity of the contents in terms of weight, measure, or numerical count. Under this requirement reasonable variations shall be permitted, and small packages shall be excepted in accordance with the rules of the department.

3. The name and place of business of the manufacturer, packer, importer, dispenser, distributor, or dealer.

Code, 1924, ch. 150, p. 419.

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Sec. 3079 (a1924). Testing milk or cream.-Every person testing cream or milk to determine the per cent of milk-fat as a basis for fixing the purchase price shall secure a milk tester's license from the

department and shall make tests only by such process as has been approved by said department.

Sec. 3080. Examination required. Each applicant for such a license shall be required to submit to examination and by actual demonstration show that he is competent to test cream and milk according to an approved process.

Sec. 3081. Supplying standard measures for testing.-The department shall furnish 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 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 the legal price.

Sec. 3083. Bottles and pipettes.-The standard bottle and pipette received from the department shall be used by the licensee in verifying test tubes and pipettes used by him in making tests; and the same shall be subject to inspection by the owner or vendor of the cream or milk which is the subject of the test.

Sec. 3085. False tests; evidence.-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 for cream or milk at any given test shall constitute prima facie evidence that such test was made.

Sec. 3095. Milk bottles to be marked.-Bottles or jars used for the sale of milk shall have clearly blown or permanently marked in the side of the bottle, the capacity of the bottle, and on the bottom of the bottle the name, initials, or trade-mark of the manufacturer. The designating number shall be furnished by the department on request.

Code, 1924, ch. 292, p. 731.

Sec. 5768°. Markets; powers of certain cities to establish and regulate. They [special charter cities] shall have power to establish and regulate markets and scales, to build market houses and establish and regulate the same; to provide for the measuring or weighing of merchandise offered for sale,

Code, 1924, ch. 581, p. 1547.

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Sec. 13061°. Penalty for altering brands, etc.-If any person falsely alter any stamp, brand, or mark on any cask, package, box, or bale containing merchandise or produce, made by a public officer, appointed for that purpose, in order to denote the quality, weight, or quantity of the contents thereof, with intent to defraud, he shall be fined not more than five hundred dollars and imprisoned in the county jail not exceeding one year.

Sec. 13062. Penalty for counterfeiting mark of another.-If any person counterfeit any mark, stamp, or brand of another, or falsely mark any cask, package, box, or bale as to quality or quantity, with intent to defraud, he shall be fined not exceeding two hundred dollars, or be imprisoned in the county jail not more than six months, or both.

Sec. 13066. Fraudulently using stamped cask, etc.-If any person, with intent to defraud, use any cask, package, box, or bale, marked,

branded, or stamped by another, for the sale of merchandise or produce of an inferior quality or less in quantity or weight than is denoted by such mark, stamp, or brand, he shall be imprisoned in the county jail not more than one year, or fined not exceeding two hundred dollars, or both.

Sec. 13067 (1907). Binder twine; label.-No binder twine shall be sold, exposed, or offered for sale within this State, except the same bears upon each ball a stamp or label truly stating the name of the manufacturer or importer and the number of feet to the pound in such ball: Provided, That a deficiency not exceeding five per cent in length stated on the stamp or label shall not be a violation hereof.

Code, 1924, ch. 426, p. 1217.

Sec. 9719, as amended by Acts, 1925, ch. 184, p. 170.-The term "agricultural product" as used in this chapter shall mean cotton, wool, grain, tobacco, flaxseed, sugar and all canned goods made from agricultural products.

Sec. 9734 (1921). License to classify, grade, or weigh.-The commissioners may, upon presentation of satisfactory proof of competency, issue to any person a license to classify any agricultural product or products, stored or to be stored in a warehouse licensed under this chapter, according to grade or otherwise and to certificate the grade or other class thereof, or to weigh the same and certificate the weight thereof, or both to classify and weigh the same and to certificate the grade or other class and the weight thereof, upon condition that such person agree to comply with and abide by the terms of this chapter and of the rules and regulations prescribed hereunder so far as the same relate to him.

Code, 1924, ch. 373, p. 1012.

Sec. 8137 (1907). Track scales, where located; weight certificates.— Every person, firm or corporation engaged in operating any railroad within the State shall equip the line of its track and thereafter maintain thereon in good order, track scales of sufficient capacity to weigh all carloads of coal that may be transported over the said railroad, and shall weigh the same at the request of any owner, consignor or consignee of such commodities, and furnish written certificates of such weights to such owner, consignor or consignee as hereinafter provided. Such track scales shall be so installed and maintained at all division stations along the line of such railroads within the State, and at such other stations as the board of railroad commissioners shall from time to time direct.

Sec. 8138. Weighing of coal at point where shipment originates.— Every person, firm or corporation engaged in operating any railroad within the State, over which coal, in carload lots shall be transported for hire, shall weigh such coal at point where such shipment originates unless covered by weight agreement between consignor and railway company, provided such point is equipped with track scales. If not so equipped, it shall be weighed at first practicable point en route where track scales are provided. Said person, firm or corporation shall furnish to said shipper a bill of lading showing date and place weighted, also the gross, tare and net weights for each car

load of coal so weighed. The tare weight shall be determined by using actual weight of empty car at loading station, provided track scales are maintained at such point.

Sec. 8139. Weighed at destination upon request; fee.-Such coal shall be weighed at destination upon request of consignee when there are track scales at such point. If not equipped with track scales at such point, then at nearest practicable point en route where such scales are maintained and certificate of weight showing actual gross, tare and net weights, shall be furnished to consignee and settlement of freight charges based on these weights. A reasonable charge of not more than one dollar per car, may be made for such weighing on request.

Sec. 8140. How weighed.-Cars when weighed on track scales shall be uncoupled, clear and unhampered at both ends, carefully weighed by competent weighmen and certificates issued upon request of consignees, showing gross, tare and net weights.

Sec. 8141. Prima facie evidence.-Certificates mentioned in this act shall be prima facie evidence of the facts therein recited in any action arising between consignors and consignees and common carriers.

Sec. 8142. Penalty.-Any common carrier operating in this State violating any of the provisions of five preceding sections by neglecting or refusing to weigh cars or to furnish certificates of weights as therein provided shall be guilty of a misdemeanor and shall be, upon conviction thereof, fined in the sum of not more than one hundred and twenty-five dollars for each and every violation.

Code, 1924, ch. 68, p. 200.

Sec. 1319 (a1900). Scales and weighers; duties; records.-The operator shall, if the miners are paid by weight, provide the mine with suitable scales of standard make, and require the person selected to weigh the coal delivered from the mine to take and subscribe an oath before some person authorized to administer oaths, to the effect that he will keep the scales correctly and truly balanced, and accurately weigh and a true record keep of each car delivered, which oath, with that of the check weighman hereinafter provided for, shall be conspicuously displayed with record of weights at the place of weighing, which record shall carry the account of each miner by itself, be open to the inspection at all proper times of miners and all others having a pecuniary interest in the mine. All damages sustained on account of a failure to weigh and credit to the proper person any coal mined shall be recoverable in an action brought within two years from the time the right thereto accrued, and a knowledge of a violation of this provision by the miner shall not be a defense thereto.

Sec. 1320. Check weighman; duties. The miners employed and working in any mine may furnish a competent checkweighman, who, before entering upon his duties, shall take and subscribe an oath to the effect that he is duly qualified and will faithfully discharge his duties as a checkweighman, and he shall at all proper times have access to and the right to examine the scales, machinery, or apparatus used in weighing, and to see all measures and weights of coal mined and the accounts kept thereof; but not more than one person on the part of the miners collectively shall have this right, and such examination and inspection shall be so made as to create no unnecessary interference with the use of such scales, machinery, or apparatus.