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cushion, bag, pillow or any other such soft article which supports the body in sleeping or resting.
Sec. 2" Person " defined.— The word “ person” implies individuals, partnerships, companies, corporations, societies, associations or others of any gender, as the case may be.
Sec. 3. Bedding to be marked with weight, measure and quality.-No person shall at wholesale or retail, directly or indirectly, make or repair, sell, offer for sale, deliver, rent, consign, lease or otherwise commercially dispose of or have in his possession with intent to dispose of any article of bedding not plainly and indelibly labeled with a cloth or cloth-lined tag, not smaller than three inches square, securely sewed at least on one edge into the outseams of the article, truthfully setting forth in the English language its contents, weight, measurements, amounts by weight of each kind of material, whether new, shoddy or waste or second-hand, in whole or in part, used in its manufacture, with the name and address of the manufacturer or vendor thereof, or both. All invoices or other instruments of delivery shall set forth the true description of the merchandise that passes, as enumerated on the labels. Example: “_6-35 lb. Prime Java-Kapok 4/4 Mattresses, @ 15.00—90.00."
Sec. 8. Form of label.-The general form of label covered by this act to be as follows:
This article is made in compliance with the act of the State of Oregon, approved
Materials Used in Manufacture
Gross wt. 42 lbs.
(Name of maker or vendor)
Sec. 9. Label, removal of.—No person other than a purchaser for his own use shall remove or cause to be removed, defaced, concealed, changed or altered any label or tag or its markings or statements on any article of bedding.
Sec. 10. Label not to be misleading.--No person shall use any terms or other description on any label or tag upon any article of bedding which is likely to mislead or cause inference by the purchaser of any but the truthful contents of same, or use other than the standard definition, practice or terms of classification, where a standard classification exists concerning any commoditiy.
Sec. 11. State sealer to enforce law.-It shall be the duty of the State sealer of weights and measures to supervise and inspect, according to the terms of this act, and to enforce the provisions thereof.
Sec. 12. Supervision and inspection of materials.-Any person engaged in the manufacture of any article of bedding or handling in any way any of the articles as set forth in section 3, or any of the materials that enter into any article of bedding, shall be subject to supervision and inspection by any deputy duly appointed for the enforcement of this act and shall furnish any information that said deputy may deem necessary in the performance of his duty in the enforcement of the act, and he shall admit said deputy to his premises or any part thereof.
Sec. 13. Penalty.-Any person violating any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county jail not to exceed six months, or both such fine and imprisonment. The unit for each separate offense shall be each and every article of bedding as set forth in section 1.
Sec. 14. Permit for making and repairing any article of bedding.–All persons engaged in the making and repairing of any article of bedding must apply to the State sealer of weights and measures for a permit to be issued upon the payment of a twenty-five dollar yearly fee and agree to conduct said business in a sanitary manner and in compliance with this act, said permit to be revocable at any time after thirty days' notice, should evidence of violation or insanitary conditions be apparent to the inspector. The fees so collected shall be paid over promptly to the State treasurer and placed by him in the general fund, and the expenses of the State sealer of weights and measures incurred in carrying out the provisions of this act shall be audited and paid in the same manner as other expenses of said office are audited and paid, but such expenditures shall never be in excess of the fees so collected and paid into said fund.
Sec. 15. Sampling and examining bedding and materials of composition.- The State sealer of weights and measures or his deputy shall sample or open in any way for inspection at any time or place any article of bedding or material he has reason to believe is in violation of this act and, upon examination, should he still be in doubt as to the true nature of the material or article, he shall consult invoices or other instruments or records he may see fit, held by any person, containing any information pertaining to the article or material in question.
Sec. 16. Articles of bedding may be condemned and destroyed, when.The State sealer of weights and measures, with the concurrence of the State or local health officer, is hereby authorized and empowered to condemn and destroy any article of bedding described in section 3 of this act, which is not sabeled as therein provided, or which in their judgment is insanitary.
Sec. 17. District attorney to institute proceedings, when.—Any person or individual who has reason to believe that this act is being violated shall report the facts to the district attorney, whose duty it shall be to institute immediate proceedings for the enforcement of this act.
Sec. 18. Definitions of materials.-For the purpose of this act, “shoddy, " “ waste ” and second hand " are hereby defined as follows: “Shoddy” shall embrace all materials resulting from the
disintegration of any old fabric. “Waste ” shall embrace all discarded materials from mills, garbage, sweepings, waste receptacles, or other possibly contaminated materials. Wastes which are byproducts of machines at mills using new raw materials are excepted when free from contamination. “ Second hand ” shall embrace all material which has been previously used in bedding or otherwise, or material which possibly has been contaminated.
Sec. 19. Repeal.--Sections 8279 and 8282, Oregon Laws, both inclusive, and all acts or parts of acts inconsistent herewith, are hereby repealed. Oregon Laws, 1920, Vol. 2, Title 46, ch. 1, p. 3239.
Sec. 8724 (1915). Butter, short weight prohibited; net weight to be marked. It shall be unlawful for any person to sell, offer or expose for sale any short-weight butter within the State of Oregon. All butter sold, or exposed or offered for sale in rolls, prints or squares within the State of Oregon shall be plainly marked with the net weight thereof, and every roll, print or square sold, or offered or exposed for sale shall contain the weight marked thereon. Oregon Laws, 1925, ch. 246, p. 442.
Sec. 4. Sale of eggs; standards prescribed.-It shall be unlawful for any person, firm or corporation to sell or offer or expose for sale any eggs intended for human consumption without notifying by suitable sign or label the person or persons purchasing or intending to purchase the same of the exact grade or quality and the size or weight of such eggs, according to the grades prescribed herewith:
(a), A fresh egg is an egg of recent production, clean, full, with 6 fixed air space of not more than three-eighths of an inch in depth, sweet, strong of body and unimpaired in quality. The albumen must not appear watery. A larger air space with a movable lower line indicates a stale egg, or one that is becoming weak and watery.
(b) A fresh standard egg is a fresh egg, as defined in paragraph (a), weighing not less than one and five-sixths ounces.
(c) A fresh medium egg is a fresh egg weighing not less than one and seven-twelfths ounces.
(d) A fresh undersized egg is any fresh egg weighing less than one and seven-twelfths ounces.
(e) All standard eggs, medium eggs and undersized eggs shall be packed separately and the grade plainly marked on the end of the case, showing the particular grade of eggs in the case.
(6) Undergrade eggs are good, edible eggs, but with an air space more than three-eighths of an inch in depth and not good enough to grade as standard in the different classifications herewith defined.
Sec. 5. Marking container.—When eggs are removed from the original container for resale, the true grade of said eggs must be stamped upon the subsequent container in letters not less than one-third inch in height. If placed on display for sale, a sign must be placed immediately over said eggs in letters not less than one inch in height, giving the true grade of said eggs. When eggs are sold in lots of half cases or more, the container must be marked, showing plainly and truly the grade or grades of eggs therein contained and an invoice must accompany said sale plainly and truly indicating the grade or grades of eggs sold: Provided, That the provisions of this act shall not apply to any eggs being handled for, or in transit to, or sold to dealers in commercial centers to be candled and graded, but all such eggs offered for sale in half cases or more shall be plainly stamped or branded “Not candled " upon the outside of the container in letters one inch in height. The word person, as used in this act, shall mean and include individuals, firms and members of firms, and their employes or agents, corporations and officers of corporations and their employes and agents.
Sec. 6. Enforcement.—It shall be the duty of the dairy and food commissioner to enforce the provisions of this act and to make such rules and regulations as may be necessary for the enforcement of the act.
Sec. 7. Penalty. Every person who violates any of the provisions of this act shall be guilty of a misdemeanor, and, upon conviction for the first offense, shall be punished by a fine of not less than ten dollars and not more than one hundred dollars and for each subsequent conviction thereof shall be punished by a fine of not less than twenty-five dollars and not more than two hundred dollars. Oregon Laws, 1920, Vol. 1, Title 19, ch. 9, p. 1297.
Sec. 2234 (a1917). Specific gravity of gasoline; labeling of cask.-It shall be unlawful for any manufacturer, dealer or vendor to sell or offer for sale any petroleum product known as gasoline that has a specific gravity of less than fifty-six degrees as measured by the Baumé hydrometer at a temperature of sixty degrees Fahrenheit; and each manufacturer, dealer or vendor of gasoline shall brand or label every cask, barrel or car containing such products with figures denoting the specific gravity and the word “ Gasoline in large plain letters at least one and one-half inches in size.
Sec. 2235. Penalty for violating preceding section. Any person, cor poration or company who shall offer for sale any gasoline con: trary to the provisions of this act or shall be in possession or control of any gasoline held for sale, not labeled as provided by section 1 [section 2234] of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or be sentenced to the county jail for a period not exceeding six months; and in addition to said fine or punishment said gasoline shall be condemned and destroyed by order of the court having jurisdiction of the offense.
Sec. 2236. Justices' courts have jurisdiction of offenses.--Justice and district courts shall have jurisdiction of all offenses arising under this act.
Sec. 2236–1 (1917). Enforcement of act.—It shall be the duty of the State sealer of weights and measures to enforce the provisions of this act. Laws, 1921, ch. 371, p. 707.
Sec. 38. Models and weights.-Every manufacturer of a motor vehicle, trailer, semitrailer or motor bus, sold or offered for sale within this State, either by the manufacturer, distributor, dealer or any other person shall, on or before the first day of August, one thousand nine hundred twenty-one, and annually thereafter, and at such
other times as may be required by the secretary of state, file in the office of the secretary of state of this State a sworn statement showing the various models manufactured by him and the weight of each model as of August first of that year, and shall furnish such other information as the secretary of state may require for the efficient administration of this act: Provided, The secretary of state may accept the weight of any motor vehicle, motor truck, trailer, semitrailer or bus trailer as taken on a scale, which scale has been inspected and sealed by the State sealer of weights and measures or his duly appointed deputies. Oregon Laws, 1920, Vol. 2, Title 46, ch. 1, p. 3239.
Sec. 8744 (1915). Concentrated commercial feedstuffs; net weight to be marked.-Every lot or parcel of concentrated commercial feedstuffs, as defined in section 8746 , used for feeding farm livestock, sold or offered or exposed for sale within this State, shall have affixed thereto, in a conspicuous place on the outside thereof, a plainly printed statement, clearly and truly certifying the name, brand or trade-mark, under which the article is sold for feeding purposes, the name and address of the manufacturer, importer, or dealer, the net weight of the package,
Sec. 8748. Net weight to be marked on package.--Every lot, parcel or package of medicinal stock food, as defined in section 8748 (8747], sold, offered or exposed for sale or distribution within this State, shall have affixed thereto, a label in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in black ink, in the English language, clearly and truly certifying:
(a) The net weight of the package.
(c) The name and principal address of the manufacturer or person responsible for placing the commodity on the market. Oregon Laws, 1920, Vol. 2, Title 47, ch. 22, p. 3330.
Sec. 9019 (1907). Fertilizers; weight to be marked on package.—(a) Every lot, parcel, or package of commercial fertilizers or materials to be used for manurial purposes (excepting the excreta of domestic animals) sold, offered or exposed for sale within this State, the selling price of which exceeds five dollars per ton, shall be accompanied by a plainly printed label, stating the name, brand and trade-mark, if any there be, under which the fertilizer is sold, also the number of net pounds of fertilizer contained in the packages, the name and ad. dress of the manufacturer, importer or dealer, Oregon Laws, 1920, Vol. 1, Title 19, ch. 3, p. 1184.
Sec. 2020 (1915). Misbranding or misrepresenting any metallic com. modity; penalty.--Any person, firm or corporation, foreign or domestic, his or its agent, servant or employe doing business in the State of Oregon, who, intentionally or for the purpose of deceiving any customer or purchaser, misbrands or misrepresents the kind, gauge, analysis, weight, quality or quantity of any metallic commodity offered for sale, or if it be an imitation of or offered for sale under the distinctive name of another article, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a