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fine of not less than one hundred dollars nor more than five hundred dollars for each violation. Oregon Laws, 1920, Vol. 2, Title 46, ch. 2, p. 3264.

Sec. 8759 (a1919). Milk or cream, fraud as to weight or test; manner of making test.-It shall be unlawful for any hauler of milk, or cream, or any person, firm or corporation receiving or purchasing milk or cream by weight or test or both, or by measure or test or both, to fraudulently manipulate the weight, measure or test of milk or cream of any person or to take unfair samples thereof, or to fraudulently manipulate such samples. The hauler or other agent shall weight or measure the milk or cream of each patron accurately and correctly and shall report such weights or measurements accurately and correctly to the creamery or factory and the seller of said product. He shall thoroughly mix the milk or cream of each patron by pouring or stirring until such milk or cream is uniform and homogeneous in richness, before the samples are taken from such milk or cream. When the weighing or sampling is done at the creamery, shipping station or factory, the same rule shall apply.

Sec. 8760 (1915). Babcock test bottles, use of.—Every person, firm or corporation receiving or purchasing milk or cream on the basis of the amount of butterfat contained therein as determined by the Babcock test, shall use the standard Babcock test bottles, pipettes and accurate weights and scales as defined in section 8769, 8770, and all Babcock test bottles and pipettes shall have been inspected for accuracy by the Oregon Agricultural College or its agent and shall be legibly and idelibly marked by the Oregon Agricultural College or its agent with the letters "S. G. O.” (Standard Glassware Oregon). It shall be unlawful for any firm or corporation or any of their agents to use any other than standard test bottles and pipettes which have been examined and marked as provided by this section, to determine the amount of fat in milk or cream received or purchased on the butterfat basis.

Sec. 8761. Fraudulent use of Babcock tests.-It shall be unlawful for any person, firm or corporation, by himself or as the agent, servant, employe or officer of any person, firm or corporation receiving or purchasing milk or cream on the basis of the amount of butterfat contained therein, to underread, overread or otherwise fraudulently manipulate the Babcock test used for determining the per cent of butterfat in milk or cream, or to falsify the records thereof or to read the test at any other temperature than the correct one which is one hundred and thirty degrees to one hundred and forty degrees Fahrenheit, or to pay on the basis of any measurement or weight except the true measurement or weight which is seventeen and six-tenths cubic centimeters for milk and nine grams or eighteen grams for cream: Provided, That in all tests for cream the cream shall be weighed into the test bottle.

Sec. 8762 (a1917). Tester to be licensed; license, issuance of; term of license. All testing of milk or cream purchased on the basis of the amount of butterfat contained therein, shall be done by a licensed tester who shall supervise and be responsible for the operation of the Babcock test of milk or cream. The license shall be issued to such

person by the dairy and food commissioner upon the presentation by the applicant of a certificate of proficiency properly filled out and signed by the chief of the dairy department of the Oregon Agricultural College and upon the payment of a license fee as provided for in section 8765. The license shall be valid during the life of the licensee unless sooner revoked, and shall be revoked by the dairy and food commissioner if, after due notice, the licensee has failed to comply with the laws, rules and regulations under which the license was granted : Provided, That the provisions of this section shall not apply to individuals, hotels, restaurants or boarding houses buying milk or cream for private use.

Sec. 8768 (1915). Penalty.–Any employe of a firm, company, association, corporation or persons receiving or purchasing milk or cream on the basis of the amount of butterfat contained therein, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not more than two hundred fifty dollars or be imprisoned in the county jail for not more than twelve months, or both. Any person, firm or corporation purchasing milk or cream on the basis of the amount of butterfat contained therein, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor,

and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or imprisoned in the county jail for a period of not more than one year, or both such fine and imprisonment.

Sec. 8769. Standard Babcock testing glassware, specifications for; neck; bulb; graduation; neck; bulb; fifty per cent, 9-gram, long-neck bottle; the fifty per cent, 18-gram, long-neck bottle. The term “standard Babcock testing glassware " shall apply to glassware and weights complying to the following specifications: (a) Graduation for milk test bottles. The total per cent graduation shall be 8. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (242 inches), the graduations shall represent whole per cent, five-tenths per cent, and tenths per cent. The tenths per cent graduation shall not be less than three millimeters in length; the fivetenths per cent graduations shall be one millimeter longer than the tenths per cent graduations, projecting one millimeter to the left; the whole per cent graduations shall extend at least one-half way around the neck to the right and projecting two millimeters to the left of the tenths per cent graduations. Each per cent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth per cent.

The neck shall be cylindrical and the cylindrical shape shall extend for at least 9 millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 millimeters.

The capacity of the bulb up to the junction of the neck shall not be less than 45 c. c. (cubic centimeters). The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between 34 and 36 millimeters; if conical, the outside diameter of the base shall be between 31 and 33 millimeters, and the maximum diameter between 35 and 37 millimeters. The charge of the bottle shall be 18 grams. The total height of the bottle shall be between 150 and 165 millimeters (578 and 61/2 inches).

(6) Three types of bottles shall be accepted as standard cream test bottles, a 50 per cent nine gram, short-neck bottle, a 50 per cent nine gram long-neck bottle, and a 50 per cent 18 gram long-neck bottle.

Fifty per cent, nine gram, short-neck bottle: The total per cent graduation shall be 50. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (21/2 inches). The graduations shall represent 5 per cent, 1 per cent and to per cent. The 5 per cent graduations shall extend at least half way around the neck, to the right.

The B per cent graduations shall be at least 3 millimeters in length, and the 1 per cent graduations shall have a length intermediate between the 5 per cent and the B per cent graduations. Each 5 per cent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed lo per cent.

The neck shall be cylindrical and the cylindrical shape shall extend at least 9 millimeters below the lowest and 9 millimeters above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 millimeters.

The capacity of the bulb up to the junction of the neck shall not be less than 45 C. c. The shape of the bulb may be either cylindrical

c or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between 34 and 36 millimeters; if conical, the outside diameter of the base shall be between 31 and 33 millimeters and the maximum diameter between 35 and 37 millimeters.

The charge of the bottle shall be 9 grams.

All bottles shall bear on the top of the neck above the graduations in plainly legible characters, a mark defining the weight of the charge to be used (9 grams).

The total height of the bottle shall be between 150 and 165 millimeters (578 and 642 inches), same as standard milk test bottles.

The same specifications in every detail as specified for the 50 per cent 9-gram, short-neck bottle shall apply for the long-neck bottle, with the exception, however, that the total height of this bottle shall be between 210 and 234 millimeters (814 and 87/8 inches) and that the total length of the graduation shall be not less than 120 millimeters.

The same specifications in every detail as specified for the 50 per cent 9-gram, Iong-neck bottle, shall apply, with the exception that the charge of the bottle shall be 18 grams, and the mark defining the weight of the charge placed at the top of neck shall be 18.

The total length of the standard Babcock pipette shall be not more than 330 millimeters (1314 inches). Outside diameter of suction tube 6 to 8 millimeters. Length of suction tube 130 millimeters. Outside diameter of delivery tube 4.5 to 5.5 millimeters. The length of delivery tube 100 to 120 millimeters. Distance of graduation mark above bulb 30 to 60 millimeters. Nozzle straight. Delivery 17.6 C. c. of water at 20 degrees centigrade in 5 to 8 seconds.

Sec. 8770. Sensibility of scales used.—The sensibility of all scales used for weighing cream samples into the test bottles shall be not more than 30 milligrams and the standard weights shall be 9 grams and 18 grams.

Sec. 8771. Babcock tester; speed of operation prescribed.—In all testing of milk or cream where the same is received or purchased upon the basis of the amount of butter fat contained therein, the Babcock tester shall be operated at the proper speed which is as follows:

For tester with diameter of 14 inches the speed shall be between 875 and 925 revolutions per minute.

For tester with diameter of 16 inches, the speed shall be between 825 and 875 revolutions per minute.

For tester with diameter of 18 inches, the speed shall be between 775 and 825 revolutions per minute.

For tester with diameter of 20 inches, the speed shall be between 725 and 775 revolutions per minute.

For a tester with a diameter of 24 inches, the speed shall be between 575 and 625 revolutions per minute. Oregon Laws, 1920, Vol. 2, Title 34, ch. 15, p. 2396.

Sec. 5956 (a1913). Inspection and sealing of railroad track scales.-All track scales used by railroads within this State for the purpose of weighing cars or freight offered for shipment in carload lots shall be under the jurisdiction of the railroad commission of Oregon, and subject to its inspection. It shall be the duty of said commission from time to time to test and inspect all such scales, and to cause such scales to be put in an accurate condition. Said commission shall approve a suitable sealing device, and cause all track scales inspected under the provisions hereof to be officially sealed with such device, when such scales are found or made to be accurate. The said commission shall ascertain and declare the reasonable cost of making each inspection, and certify the same to the secretary of state and the railroad operating the scale inspected, whereupon it shall be the duty of the corporation or person operating such track scale to pay the cost of said inspection as so declared into the State treasury, which sums shall be. by the State treasurer, placed to the credit of a fund to be designated and known as the “ Track scale inspection fund,” to be used by the railroad commission of Oregon in carrying out the provisions of this act, and disbursed as other public moneys are disbursed as provided by law.

Sec. 5957 (1911). Sealing device, breaking or tampering with.-Any person who shall break or tamper with or cause to be changed, broken or tampered with, the sealing device or sealing thereof after the same has been installed or inspected by any commissioner or inspector of the railroad commission of Oregon shall be deemed guilty of a misdemeanor.

Sec. 5958. Apparatus for making tests, procuring of.—The railroad commission of Oregon is hereby authorized and directed to procure by purchase, lease or otherwise, necessary apparatus to make the tests and inspections herein provided, and to employ the necessary experts and inspectors therefor and to fix their compensation. All such apparatus shall be transported free by every railroad in this State, when necessary for the purpose of making the tests and inspec. tions herein provided.

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Oregon Laws, 1920, Vol. 2, Title 34, ch. 27, p. 2418.

Sec. 6051 (1911). Standards for measurement; accurate appliances for public utilities. The commission [railroad commission) shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other conditions pertaining to the supply of the product or service rendered by any public utility and prescribe reasonable regulations for examination and testing of such product or service and for the measurement thereof. It shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements, and every public utility is required to carry into effect all orders issued by the commission relative thereto.

Sec. 6052. Testing of measuring appliances; fees. The commission shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility, and may provide by rule that no such appliance shall be installed and used for the measuring of any product or service of any public utility until the same has been examined and tested by the commission and found to be accurate. The commission shall declare and establish a reasonable fee governing the cost of such examination and test, which shall be paid to the commission by the public utility.

The commission shall declare and establish reasonable fees for the testing of such appliances on the application of the consumer or user, the fee to be paid by the consumer or user at the time of his request, but to be repaid to the consumer or user by the commission and to be paid by the public utility if the appliance be found defective or incorrect to the disadvantage of the consumer or user beyond such reasonable limit as may be prescribed by the commission. All fees collected under the provisions of this section shall be paid by the commission into State treasury.

The commission may purchase such materials, apparatus and standard measuring instruments for such examination and tests as it may deem necessary.

Sec. 6053. Entry upon premises for inspection or test.—The commission, its agents, experts, examiners or inspectors shall have power to enter upon any premises occupied by any public utility for the purpose of making any inspection, examination or test provided in this act and to set up and use on such premises any apparatus and appliance and occupy reasonable space therefor. Oregon Laws, Vol. 2, Title 34, ch. 30, p. 2439.

Sec. 6112 (1917). Definition of public warehouse; two classes. The term “public warehouse” when used in this act, includes any elevator, mill, warehouse or structure in which grain or hay is received from the public for storage, shipment or handling, whenever such grain or hay is carried or intended to be carried to or from such warehouse, elevator, mill or structure by a common carrier.

The term public “terminal warehouse” wherever used in this act shall be held and construed to mean any elevator, mill or warehouse located in such cities in the State as may hereafter be desig

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