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who shall knowingly violate any of of Articles 1101 through and inclu: 1110 of the Penal Code shall be misdemeanor, and upon conviction I in a sum not less than Twenty-five nor more than Two Hundred Dol[1919; last amended 1935.]

asuring amount of oil or gas produced; record. Sec. 9b. It shall be unlawful for any ng, leasing, operating, or controlling erty within the State of Texas to perr gas so produced to pass beyond the control of such person into the posontrol of any other person without ly measuring the amount of such oil and making and preserving an accuhereof. It shall also be unlawful for o use any method or device to evade measurement. Upon conviction for tion of any provision hereof, such perdeemed guilty of a felony and, upon on, shall be punished by confinement enitentiary for a term of not less than more than four (4) years. [1933]

otated Penal Code, Vol. 2, Title 14, Ch. Packing.

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Code Annotated 1943, Vol. 1, Title 3, Ch. 1-State Board of Agriculture.

Sec. 3-1-15. Violation of title a misdemeanor.

Whoever violates any of the provisions of this title [Secs. 3-1-1-3-13-28] where no other penalty is provided is guilty of a misdemeanor. [1921]

Sec. 3-1-31. Powers of board.

The state board of agriculture shall have the following powers:

1. To execute and enforce all laws of the state pertaining to agriculture, including horticulture, crops, pests and related subjects; livestock, including sheep, swine, poultry, bees and related subjects; weights and measures; commercial feeding stuffs and commercial fertilizers; dairy and food stuffs and related subjects; the marketing, stamping and branding of receptacles; the licensing of produce dealers.

5. To establish standards and grades of vege tables, fruit, hay, grain, seed, livestock products, cheese, ice cream and other dairy products. To adopt regulations fixing dimensions and standards for containers of all or any of such products when offered or exposed for sale, and prohibit the shipment, sale or offering for sale, or movement of all such products unless in all respects they meet the requirements of the law and the regulations of the board of agriculture, and unless the boxes, bags or other containers of the same are branded or labeled in accordance with the regulations adopted by said board; provided any product may be labeled or tagged and sold as unclassified exclusively in the state of Utah.

8. To formulate and prescribe such rules and regulations for the operation of creameries, butter and cheese factories, dairies, slaughterhouses, confectionaries, bakeries, fruit and vegetable canneries, flour mills, farm dairies, or any other factory, establishment, store or house where dairy or food products of any nature are bought, sold, manufactured, prepared, stored or exposed for sale for public use, as shall be deemed necessary for such board to fully carry out all laws relating to dairy and food products and for the promotion and maintenance of sanitary conditions in connection therewith; and for the prevention of false grades, weights and measures; and also for advancing the value of Utah food and dairy products. All such rules, regulations, standards and grades pertaining to vegetables, fruit, hay, grain, seed, livestock products, eggs, poultry,

cheese, ice cream, butter, milk and other dairy and food products shall conform as nearly as practicable to but not in excess of the rules, regulations, standards and grades that have been promulgated by the agricultural department of the United States or its secretary or the administrator of the Federal Security Agency under and by authority of a law known as the Federal Food, Drug, and Cosmetic Act as well as an act entitled "An Act Making Appropriations for the Department of Agriculture and for the Farm Credit Administration for the Fiscal Year Ending June 30, 1939, and for Other Purposes", approved June 16, 1938, authorizing an inspection service for farm products: as well as the acts of congress approved June 30, 1906; March 4, 1907; October 3, 1913, and July 24, 1919, governing meat inspection. It shall be unlawful for any person or organization to place on any such product, for which grades or standards have been established by the board, or on its package or label, any grade or quality designation not in conformity with the grade or quality regulations adopted by the board. All such rules and regulations pertaining to weights and measures shall conform as nearly as practicable to the recommendations of the National Conference on Weights and Measures and to those contained in the Handbook of the National Bureau of Standards. All such rules and regulations pertaining to hay, grain and commercial feeding stuffs shall conform as nearly as prac ticable to the regulations, definitions and recommendations of the Association of American Feed Control Officials. No rule or regulation pertaining to grades and standards established by the board under the provisions of this act [Secs. 3-1-16—3–1– 33] shall exceed the standards and grades set up in the federal acts referred to herein.

The state board of agriculture, upon an application of any interested industry or substantial por tion thereof, stating reasonable grounds therefor, and before any grade or standard be established by regulation shall hold a public hearing upon a proposal to issue, amend, or repeal any regulation contemplated by any of the sections of this act.

9. To appoint all state inspectors and other employees necessary to carry out the provisions, powers, duties and functions of the state board of agriculture and to fix their salaries or compensations according to the standards adopted by the state department of finance.

10. To divide the state into as many agricultural districts as the board may deem desirable for the purpose of effectively and economically carrying out the duties and performing the functions of

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belonging to the state, and shall take a receipt for the same from his successor in office. [1915] Sec. 3-13-4. Testing of city standards; powers of commissioner.

n to the state standards of weights
s provided for above there shall be
the state at least one complete set of
f to be kept at all times in the office
ssioner of agriculture and to be known
dards, and such other weights, meas-
paratus as may be found necessary to
provisions of this chapter [Secs. 3-13-
to be known as working standards.
s, measures and apparatus shall be
he commissioner of agriculture upon
receipt and at least once in each year
he office standards by direct compari-
state standards and the working stand-
arison with the office standards. When
ate upon these tests the office and
dards shall be certified to by the com-
The office standards shall be used in
omparisons of weights, measures, and
d measuring devices, submitted for
office of the commissioner, and the
ls shall be used only in verifying the
ds and for scientific purposes. [1915]
stody of standards; certification.

The commissioner [of agriculture] shall at least once in five years try and prove by the office standards all standard weights, measures and other apparatus which may belong to any city required to appoint a sealer and to purchase and keep standards of weights and measures by the provisions of this chapter [Secs. 3-13-1-3-13-28], and shall certify to such when found to be accurate. The commissioner shall at least once in two years visit such cities for the purpose of inspecting the work of the local sealers, and in the performance of such duties he may inspect the weights, measures, balances or any other weighing or measuring device of any person, and shall have the same powers as the local sealer of weights and measures. The board of agriculture shall issue from time to time regulations for the guidance of city sealers, and said regulations shall govern the procedure to be followed by such officers in the discharge of their duties. [1915]

issioner [of agriculture] shall take
e standards adopted by this chapter
-3-13-28] as the standards of the
se them to be kept in his office at the
from which they shall not be removed
pairs or for certification, and he shall
necessary precautions for their safe-
shall maintain the state standards
, and shall submit them at least once
to the National Bureau of Standards
on. He shall keep a complete record
ards, balances and other apparatus

Sec. 3-13-5. General supervisory powers of commissioner of agriculture.

The commissioner shall have general supervision of the weights and measures, and weighing or measuring devices, offered for sale, sold or in use in the state. He shall at least once annually test all scales, weights and measures used in checking the receipts or disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the supervisory board and to the executive officer of the institution concerned. [1915]

Sec. 3-13-6. Powers and duties of commissioner of agricul

ture.

When not otherwise provided by law the commissioner, where there is no city sealer, shall inspect and test all weights and measures, and weighing or measuring devices, kept, offered or exposed for sale, sold or used, by any person in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption, purchased or offered or submitted by such person or persons for sale, hire or award; and he shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered for sale or sold. He shall at least once each year and as much oftener as he may deem necessary see that all weights, measures and weighing or measuring devices used are correct. He may for the purpose above mentioned and in the general performance of his official duties enter and go into or upon, without formal warrant, any

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