Sec. 8127. Commodities in package form to have net contents marked.It shall be unlawful to keep, for the purpose of sale, offer or expose for sale, or sell any commodity in package form, unless the net quantity of the contents be plainly and conspicuously marked on the outside of the package, in terms of weight, measure, or numerical count: Provided, however, That reasonable variation or tolerance shall be permitted and that these reasonable variations or tolerances and regulations shall be made and enforced by the State sealer of weights and measures: Provided further, That this section shall not be construed to apply to those commodities in package form, the manner of sale of which is specifically regulated by the provisions of other sections of this act.

Sec. 8128. False weight or measure, prima facie evidence, when.-In all prosecutions for the violation of any laws relating to weights or measures, the possession of a weight or measure, or weights or measures, which has been altered, changed, or in any manner tampered with so that the same shall give a false or wrong weight or measure in either buying or selling any commodity, shall be prima facie evidence of the guilt of the person having the same in possession.

Sec. 8129. Automatic measuring pumps, test of; short measure prima facie evidence.-Every person who uses an automatic measuring pump or any pump which is used to measure the amount of any liquid sold shall keep a standard measure and test such pump as to its accuracy in measuring such liquid and keep the same in such condition as to accurately measure any liquid sold therefrom at all times and the delivery or sale of short measure from any such pump shall be prima facie evidence of the guilt of the person owning or operating the same.

Sec. 8130. Impersonating.-It shall be unlawful for any person to impersonate any deputy State sealer or district sealer of weights and measures and any person so doing shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties as provided in section 8133 of which this section is a part.

Sec. 8131 (1913). Penalties.-Any person or persons violating any of the provisions of chapter 325, Laws of 1913, [sections 8084 to 8092, inclusive, 8099 to 8103, inclusive, 8120 to 8125, inclusive] shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than five days nor more than ninety days, or by both such fine and imprisonment.

Sec. 8132 (1915). Violation, penalty.-Any person who, by himself or by his servant or agent, or as the servant or agent of another person, violates any of the provisions of chapter 162, Laws, 1915 [sections 8093 to 8098, inclusive, and 8126], shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than five days nor more than ninety days, or by both such fine and imprisonment.

Sec. 8133. Violation, penalty.-Any person or persons who violate any of the provisions of chapter 161, Laws of 1915, [sections 8104 to 8111, inclusive, 8113 to 8119, inclusive, 8127 to 8130, in

clusive] shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than five nor more than ninety days, or by both such fine and imprisonment.

Sec. 8134. Terms defined.-The word " person or persons as used in this act, shall be construed to include the officers, directors, agent or agents of any corporation, company, society or association. The words "weight or measure and weights or measures" shall be construed to include weights, scales, beams, measures of any kind, instruments and mechanical devices for weighing or measuring, and any appliances or accessories connected with any and all such

instruments.

Sec. 8135 (1917). Jurisdiction.-In all prosecutions arising under sections 8084, 8125 and 8131-8134, justices of the peace shall have concurrent jurisdiction with the circuit courts.

Sec. 8136. Standard barrel for cranberries.-The standard barrel for cranberries shall be of the following dimensions, when measured without distension of its parts: Length of staves, twenty-eight and one-half inches; diameter of head, sixteen and one-fourth inches; distance between heads, twenty-five and one-fourth inches; circumference of bulge, fifty-eight and one-half inches, outside measurement; and the thickness of the staves not greater than four-tenths of an inch.

Sec. 8137. Subdivisions of barrel.-All cranberries offered for sale shall be packed in a standard cranberry barrel, or a legal subdivision thereof, such as half-barrel, a third-barrel, or box which shall have the cubical contents of a half-barrel, or third-barrel.

Sec. 8138. Less than one-third barrel, how sold.-Cranberries, when offered for sale in quantities less than a third-barrel, may be sold by dry measure; that is, by quart, pint, and similar measures.

Sec. 8139. Sold in containers, when.-Cranberries may be sold in containers or cartons, holding four quarts, two quarts, one quart, or one pint, and upon the containers or cartons shall be printed the cubical contents of such containers and cartons.

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Sec. 8140. Penalty.-Any person or persons who violate any of the provisions of this act [sections 8136-8141] shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars nor more than fifty dollars, or imprisonment in the county jail for not less than five nor more than thirty days, or both such fine and imprisonment. Sec. 8141. Terms defined.-The word “ person or persons," as used in this act, shall be construed to include the officers, directors, agent or agents of any corporation, company, society or association. Sec. 8142. Flour; standard weight of barrel and subdivisions.-There shall be a standard weight for a barrel of flour, or subdivisions thereof, known as the half, quarter and eighth barrel, when sold in the sack.

Sec. 8143. Weights prescribed.-The standard weight of a barrel of flour shall be 196 pounds, net weight, avoirdupois. The standard weight of one-half barrel of flour shall be ninety-eight pounds, net

See footnote, p. 20, relative to the Federal standard barrel.

weight avoirdupois. The standard weight of one-quarter barrel of flour shall be forty-nine pounds, net weight, avoirdupois. The standard weight of one-eighth barrel of flour shall be twenty-four and one-half pounds, net weight, avoirdupois.

Sec. 8144. Bale of flour.-There shall be a standard weight for a bale of flour, or subdivisions thereof, when sold in the sack.

Sec. 8145. Weight of. The standard weight of a bale of flour shall be ninety-eight pounds, net weight, avoirdupois, or ten sacks, weighing nine and eight-tenths pounds each, net weight, avoirdupois.

Sec. 8146. Sacks not standard prohibited. It shall be unlawful to expose for sale or sell in the sack, flour either white, whole wheat, graham, or rye flour, by the sack in other than the standard sack as herein provided.

Sec. 8147. Penalty.-Any person, firm, or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon the conviction thereof, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars.

Sec. 8148. Enforcement.-It shall be the duty of the State sealer of weights and measures to enforce the provisions of this act.

Sec. 8149. Jurisdiction.-Justices of the peace and district courts shall have concurrent jurisdiction with the circuit courts for the enforcement of this act.

Sec. 8150 (1911). Standard apple box.-There is hereby created and established a standard size for apple boxes for the State of Oregon. Sec. 8151. Dimensions of.-The standard size of an apple box shall be eighteen inches long, eleven and one-half inches wide, ten and one-half inches deep, inside measurement.

Sec. 8152. Special size of box.--That the special size of apple boxes shall be twenty inches long, eleven inches wide, and ten inches deep, inside measurement.

Sec. 8153 (1913). Weight of sacks of potatoes, standardized. There shall be a standard weight for a sack of potatoes in the State of Oregon.

Sec. 8154. Weight of sack of potatoes; weight of sack included, when. In all cases where not otherwise specified by contract, one hundred pounds, inclusive of the weight of the containing bag or sack, shall be the standard weight of a sack of potatoes in the State of Oregon.

Sec. 8155 (1915). Mill feed, how sold.-All mill feed, including crushed, and ground grains, bran and shorts, shall be sold by weight within the State of Oregon.

Sec. 8156. Violation.-Any person violating the provisions of this act [section 8155] shall be deemed guilty of a misdemeanor.

Sec. 8157 (1913). Deduction for weight of sack in sale of farm or range products, when made.-That whenever wheat, rye, Indian corn, oats, barley, clover seed, buckwheat, alfalfa seed, timothy seed, field peas seed, dried apples, dried peaches, dried prunes, potatoes, pears, wool, mohair or any other farm or range product shall be sold by the bushel or pound or in sacks, and if no special agreement shall be made by the parties to the sale as to what tare or deduction shall be made for the weight of the sacks containing the above produce, no deduction shall be made therefor.

Sec. 8158, as amended by Laws, 1925, ch. 118, p. 173. Measure for hops. The owner, lessee, manager or person in charge of any hopyard, where hops are being picked, shall cause said hops to be weighed in order to ascertain the quantity of hops picked. It shall be unlawful for any owner, lessee, manager or person in charge of any hopyard, where hops are being picked, to use or employ any other or different method or manner in ascertaining the quantity of hops picked. The owner, lessee, manager or person in charge of any hopyard, where hops are being picked, shall be permitted to deduct as tare not more than three pounds to cover the weight of the sack.

Any person or persons who violate any of the provisions of this act shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine of not less than five dollars nor more than fifty dollars, or imprisonment in the county jail for not less than five nor more than thirty days, or by both such fine and imprisonment.

Sec. 8159 (1905). Tare on hop sales; weight of baling cloth.-Hereafter in all sales and transfers of hops there shall be allowed and deducted as tare five pounds per bale and no more. Five yards of baling cloth is the maximum quantity to be used making the bale, and the standard weight of each yard of baling cloth is hereby fixed at twenty-four ounces.

Sec. 8160. Weight of sacking when deducted as tare.-Any vendor of hops using heavier sacking than that specified in this section, or using any extraneous matter in the baling thereof, shall have the same deducted as additional tare.

Laws, 1923, ch. 271, p. 394.

Sec. 1. State market agent.-There is hereby established the State market agent.

Sec. 2. Powers and duties.-The powers and duties invested by this act in the State market agent shall be as follows:

1. He shall act as adviser to producers, distributors and consumers, when requested, assisting them to the best of his ability in the economical and efficient distribution of grain and grain products, hay and products thereof, livestock and all meat products, dairy products, poultry and poultry products and agricultural implements produced, manufactured, processed in or transported into the State of Oregon. *

* *

6. He shall foster and encourage the inspection, grading, standardizing, labeling and branding of all such products and shall exercise, under the direction of the governor, all the rights, powers and duties vested by law in the public service commission under chapter 333 of General Laws of Oregon of 1917 and amendments thereto, being sections 6112 to 6159, Oregon Laws.

7. He shall promote the standardization of packages and containers for such products. All duties required by law to be discharged by the State treasurer in his capacity as the State sealer of weights and measures, the deputy State sealer of weights and measures and their representatives and employees, shall, upon the expiration of the term of office of the present State treasurer, be discharged by the State market agent, and all laws and regulations now or hereafter

enacted relative to weights and measures and to other standards of quantity shall apply to said State market agent in the same manner and to the same effect as they formerly applied to said State sealer of weights and measures, deputy State sealer of weights and measures, their representatives and employees.

Sec. 10. Funds for State agent.-The State market agent shall be financed by the funds now at the disposal of the public service commissioners under chapter 333 of the General Laws of Oregon of 1917, sections 6112 to 6159 of Oregon Laws; and the funds made available for the work of the State sealer of weights and measures, the deputy State sealer of weights and measures, and their officers and employees; and such additional funds as may be available under this act or any amendments thereto: Provided, That the property and funds pertaining to the work of the State sealer of weights and measures shall be retained by the present office during the incumbency of the present State treasurer.

Oregon Laws, 1920, Vol. 1, Title 19, ch. 8, p. 1242.

Sec. 2180-6 (1919). Bread, size of loaves specified; variations permitted. That no person, firm or corporation shall hereafter manufacture, sell, offer or expose for sale bread, except in the following weights, which shall be net weights twelve hours after baking. One pound, one and one-half pounds, two pounds, three pounds, four pounds and five pounds, or other pound weights. Variations at the rate of one ounce per pound over, and one ounce per pound under above specified unit weights are permitted in individual loaves, but the average weight of not less than twenty-five loaves of any one unit of any one kind shall not be less than the weight prescribed by these regulations for such unit.

Sec. 2180-8. Jurisdiction; prosecutions; enforcement.-Justice courts, district courts and municipal courts sitting as justice courts, shall have concurrent jurisdiction with the circuit courts of all prosecutions arising under sections 2180-6 and 2180-7. The district or county attorney is authorized to institute prosecutions for violation of this act by information, or the same may be instituted by indictment or by complaint verified before any magistrate. It shall be the duty of the dairy and food commissioner to enforce all the provisions of this act.

Sec. 2180-9. Penalty.-Any person who shall violate any of the provisions of sections 2180-6 to 2180-8 shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ten dollars nor more than one thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment: Provided, however, That upon a second conviction for the violation of any of the provisions of this act such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars or by imprisonment in the county jail for not less than ten days nor more than one year, or by both such fine and imprisonment.

Laws, 1923, ch. 268, p. 388.

Sec. 1. "Bedding" defined. The term "bedding" is defined to include any mattress, upholstered surface or spring, comforts, pad,