Sec. 5538. Hay, how sold; delivery ticket; baled hay, how marked; allowance for shrinkage. It shall be unlawful to sell or offer to sell in the State any baled hay in any other manner than by weight, except by an agreement between the seller and the purchaser to the contrary. No person, firm or corporation, shall deliver any hay without such delivery being accompanied by a delivery ticket, and a duplicate thereof, on each of which shall be in ink or other indelible substance distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, the quantity or quantities of hay contained in said cart, wagon or vehicle used in such deliveries, with the name of the purchaser and the name of the dealer from whom purchased: Provided, That loose hay in stacks or by wagon load may be sold by measurement, by an agreement between the seller and the purchaser, but when hay is shipped in carloads, it shall not be necessary to stamp, print or mark the weight of the bales.

One of these tickets shall be surrendered to the State inspector or city sealer of weights and measures, upon his demand for his inspection and this ticket or weight slip issued by the State inspector or city sealer, when the inspector or sealer desires to retain the original, shall be delivered to the said purchaser of said hay, or his agent, or representative, at the time of the delivery; and the other ticket shall be retained by the seller of the hay. When the buyer carries away the purchase, a delivery ticket, showing the actual number of pounds delivered over to the purchaser, must be given to the purchaser at the time the sale is made.

Where hay is sold in bales, each of such bales shall have printed or stamped or marked thereon the correct weight of such bale in pounds or fractions of a pound avoirdupois; and it shall be unlawful for any person, firm, or corporation, and for any agent or employee thereof, to sell or offer for sale any such bale of hay on which the correct weight of such bale of hay has not been stamped, printed or marked: Provided, however, That an allowance of three per cent in weight for shrinkage shall be made on all bales of hay less than six months old, and of five per cent on all bales of hay over six months old, if the age of such bale of hay be marked, printed or stamped

thereon.

Sec. 5539. Meats, sale by weight only; delivery ticket.-It shall be unlawful to sell or offer to sell in the State any fresh meat, such as beef, pork, mutton, veal, sausage or fish, in any other manner than by weight. No person, firm, or corporation, shall deliver such fresh meat without such delivery being accompanied by a delivery ticket on which shall be in ink or other indelible substance, distinctly expressed in pounds or fractions of a pound avoirdupois, the correct weight of such fresh meat, with the name of the purchaser thereof and the name of the dealer from whom purchased. When the buyer carries away the purchase, a delivery ticket showing the actual number of pounds or fractional parts thereof delivered over to the purchaser must be given to the purchaser at the time the sale is made. Sec. 5540. Butter, how sold and marked; allowance for shrinkage.Where butter is sold in packages or cartons, such package or carton shall have written, printed or stamped upon the wrapper of such package or carton, or upon the package or carton, the correct weight of the contents of such package or carton, in pounds and ounces, or fractions of a pound avoirdupois, and it shall be unlawful for

any person, firm, or corporation, or for any agent or employee thereof, to sell or offer for sale any such package or carton of butter upon the wrapper of which the correct weight of the contents of such package or carton has not been written, printed or stamped: Provided, however, That an allowance of not exceeding two and one-half per cent in weight shall be made for shrinkage on all packages or cartons of butter.

Sec. 5541. Coffee, tea, and cereals, how marked when sold in packages.Where coffee, tea, baking powder, oatmeal, tapioca and all cereals and farinaceous goods are sold in packages or containers, each of such packages or containers shall have written, printed or stamped upon the wrapper of such package or container, or upon the package or container, the correct weight of the contents of such package or container, in pounds and ounces or fractions of a pound avoidupois, and it shall be unlawful for any person, firm or corporation, or for any agent or employee thereof, to sell or offer for sale any such package or container of coffee, tea, baking powder, oatmeal, tapioca and all cereals and farinaceous goods of which the correct weight of the contents of such package or container has not been written, printed or stamped.

Sec. 5542. Flour, etc., how marked as to weight; allowance for shrinkage. Where wheat flour, buckwheat flour, corn meal, rice, beans, sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham, or bacon are sold in bags, sacks or other containers, each of such bags, sacks, or other containers, shall have written, printed, or stamped upon the wrapper of such bag, sack, or other container, or upon the bag, sack or other container, the correct weight of the contents of such bag, sack or other container, in pounds and ounces, or fractions of a pound avoirdupois; and it shall be unlawful for any person, firm or corporation, or for any agent or employee thereof, to sell or offer for sale any such bag, sack, or other container, of wheat flour, buckwheat flour, corn meal, rice, sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham or bacon upon the wrapper, or upon the bag, sack, or other container, of which the correct weight of the contents of such bag, sack, or other container has not been written, printed, or stamped: Provided, however, That an allowance of not exceeding two and a half per cent shall be made for shrinkage on all such bags, sacks or other containers of wheat flour, buckwheat flour, corn meal, rice, beans, sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham or bacon.

Sec. 5543. Lard, how marked as to weight.-Where lard, lard compounds or lard substitutes are sold in cans or other container each of such cans or other container shall have written, printed, or stamped upon the wrapper of such can or other container, or upon the can or other container, the correct weight of the contents of such can or other container in pounds and ounces, or fractions of a pound avoirdupois; and it shall be unlawful for any person, firm or corporation, or for any agent or employee thereof, to sell or offer for sale, any such can or other container on which the correct weight of the contents of the can or other container has not been written, printed or stamped.

Sec. 5544. Vinegar and oils, how marked as to quantity.-Where vinegar, sweet oil, or olive oil, is sold in bottles or cans, each of such bot

license shall be issued by the dairy commissioner upon application, accompanied by a certificate of proficiency and the payment of a license fee of $1.50. The certificate of proficiency provided for shall be granted by the dairy division of the University of Arizona upon satisfactory evidence of ability to accurately operate the Babcock test. Examinations will be given at stated times and places to applicants for such license. Each license shall expire on January first of the year following the date of issue, but may be renewed without examination by the commissioner. Application for such license shall be made upon a blank furnished by the dairy commissioner. No license or renewal thereof shall be transferable, and each such license shall be subject to revocation by the dairy commissioner upon reasonable notice that the licensee has violated any of the rules and regulations prescribed by the commissioner, or has violated any of the laws of the State relating to milk or cream or other dairy products. A bond in the amount of one thousand dollars shall be given by each tester licensed under the provisions of this section, and shall be in such form as may be prescribed and shall be subject to approval by the commissioner. A permanent record in duplicate of all tests of milk or cream purchased or received on the basis of the amount of milk fat contained therein, must be kept by each tester, licensed as provided herein, on standard forms supplied by, or in accordance with the specifications for such records adopted by, the said dairy commissioner. Each test shall be legibly recorded with indelible pencil or ink and shall be accompanied by the patron's name or number in such manner as to correctly identify the test obtained upon the milk or cream of each patron. Each sheet or page shall be authenticated by the signature of the tester, and a duplicate record shall be deposited by said licensed tester, immediately after completing the test on the day's samples, in a box provided by the purchaser or receiver of milk or cream; said box to be constructed, sealed and maintained in accordance with the rules and regulations adopted by the dairy commissioner. The original test record sheets shall be delivered to the management of the concern for whom the tests are made immediately upon completion of the tests. The duplicate test record sheets shall be deposited immediately in an official box supplied for the purpose, made in accordance with blue print specifications obtained from the dairy commissioner. Such official test record box shall be kept in the test room at all times, and the contents thereof shall be open only to the State dairy commissioner. The said licensed tester shall retain an unmodified sample of all milk and cream tested by him for a period of not less than forty-eight hours after the tests of said milk and cream have been made, and the said purchaser or receiver of milk or cream shall provide a suitable place, acceptable to the diary commissioner, where such samples so retained may be kept.

Sec. 16. Fraudulent manipulation of apparatus.-It shall be unlawful for any hauler of milk or cream or any other dairy product, or any person, firm or corporation receiving or purchasing milk or cream or other dairy product by weight or test or both, or by measure or test, or by both, or any agent of such purchaser, to fraudulently manipulate the weight, measure or test of such product, or to take

city sealer of weights and measures, may for the purpose of the enforcement of this act, and at such time or times as its provisions may require, enter any room or place where bread is manufactured or sold, or offered or exposed for sale, and weigh or direct the weighing of any bread found therein.

Sec. 7. Interference in performance of duties.-It shall be unlawful for any person to prevent, or attempt to prevent, said State inspector of weights and measures, or any city sealer of weights and measures, entering any such room or place, or in any way to interfere with the performance of the duties of said State inspector of weights and measures, or of said city sealer of weights and measures, as provided by this act.

Sec. 8. Weighing of bread.-Every maker, baker or manufacturer of bread, proprietor of a bakery, or bake shop, and every seller of bread in the State of Arizona shall keep scales and weights, suitable for the weighing of bread, in a conspicuous place in the bakery, bake shop or store, and shall, wherever requested by the buyer and in the buyer's presence, weigh any loaf or loaves of bread sold or offered for sale. Sec. 9. Provisions not applicable. The provisions of this act shall not apply to fancy breads; nor to bread baked by special order of the consumer; nor to what is commonly known as stale bread" sold as such, provided the seller shall at the time of sale expressly state to the buyer that the bread so sold is stale bread; and, provided further, that no bread shall be offered or sold as stale bread until twelve hours or more after baking.

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Sec. 10. Violation.-Any person, firm or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor. Rev. Stats., 1913, Penal Code, p. 84.

Sec. 388°. Falsifying weight of packages; penalty for.-Every person who in putting up in any bag, bale, box, or barrel, or other package, any hops, cotton, wool, grain, hay, or other goods usually sold in bags, bales, boxes, barrels or packages by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight of such bag, bale, box, barrel or packages, with intent thereby to sell the goods therein, or to enable another to sell the same, for an increased weight, is punishable by fine of not less than twenty-five dollars for each offense.

Rev. Stats., 1913, Title 41, ch. 3, p. 1442.

Sec. 4434 (1913). Food deemed misbranded or mislabeled, when.Food or liquor shall be deemed mislabeled or misbranded within the meaning of this chapter in any of the following cases:

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(3) If when in package, and the contents are stated in terms of weight and measure, such weight and measure are not plainly and correctly stated on the outside of the package.

Laws, 1918, ch. 8, p. 16.

Sec. 14, as amended by Laws, 1925, ch. 74, p. 210; testing, weighing, and sampling milk or cream. The testing, weighing, and sampling of milk or cream or other dairy products purchased on the basis of the amount of butter fat contained therein shall be done by licensed and bonded testers, who shall be responsible for the operation of the Babcock test in the testing of such dairy products. Such

license shall be issued by the dairy commissioner upon application, accompanied by a certificate of proficiency and the payment of a license fee of $1.50. The certificate of proficiency provided for shall be granted by the dairy division of the University of Arizona upon satisfactory evidence of ability to accurately operate the Babcock test. Examinations will be given at stated times and places to applicants for such license. Each license shall expire on January first of the year following the date of issue, but may be renewed without examination by the commissioner. Application for such license shall be made upon a blank furnished by the dairy commissioner. No license or renewal thereof shall be transferable, and each such license shall be subject to revocation by the dairy commissioner upon reasonable notice that the licensee has violated any of the rules and regulations prescribed by the commissioner, or has violated any of the laws of the State relating to milk or cream or other dairy products. A bond in the amount of one thousand dollars shall be given by each tester licensed under the provisions of this section, and shall be in such form as may be prescribed and shall be subject to approval by the commissioner. A permanent record in duplicate of all tests of milk or cream purchased or received on the basis of the amount of milk fat contained therein, must be kept by each tester, licensed as provided herein, on standard forms supplied by, or in accordance with the specifications for such records adopted by, the said dairy commissioner. Each test shall be legibly recorded with indelible pencil or ink and shall be accompanied by the patron's name or number in such manner as to correctly identify the test obtained upon the milk or cream of each patron. Each sheet or page shall be authenticated by the signature of the tester, and a duplicate record shall be deposited by said licensed tester, immediately after completing the test on the day's samples, in a box provided by the purchaser or receiver of milk or cream; said box to be constructed, sealed and maintained in accordance with the rules and regulations adopted by the dairy commissioner. The original test record sheets shall be delivered to the management of the concern for whom the tests are made immediately upon completion of the tests. The duplicate test record sheets shall be deposited immediately in an official box supplied for the purpose, made in accordance with blue print specifications obtained from the dairy commissioner. Such official test record box shall be kept in the test room at all times, and the contents thereof shall be open only to the State dairy commissioner. The said licensed tester shall retain an unmodified sample of all milk and cream tested by him for a period of not less than forty-eight hours after the tests of said milk and cream have been made, and the said purchaser or receiver of milk or cream shall provide a suitable place, acceptable to the diary commissioner, where such samples so retained may be kept.

Sec. 16. Fraudulent manipulation of apparatus.-It shall be unlawful for any hauler of milk or cream or any other dairy product, or any person, firm or corporation receiving or purchasing milk or cream or other dairy product by weight or test or both, or by measure or test, or by both, or any agent of such purchaser, to fraudulently manipulate the weight, measure or test of such product, or to take