Code 1948, Vol. 2, Title 59, Ch. 6, Art. 1-Weights and Measures, General Provisions.

Sec. 59-71. Definitions.

As used in this chapter [Secs. 59-71-59-140]: (1) "Commissioner" shall be construed to mean the Commissioner of Agriculture and Immigration.

(2) "Person" shall be construed to import both the plural and singular, as the case demands, and shall include corporations, partnerships, societies and associations.

(3) "Sealer" shall be construed to mean sealer of weights and measures.

(4) "Sell" or "sale" shall be construed to include barter and exchange.

(5) "Weights and measures" or "weighing and measuring devices" shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments. [1924]

Sec. 59-72. Net weight to be employed when commodity sold on basis of weight.

Whenever any commodity is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this chapter [Secs. 59-71— 59-140], it shall be understood and construed to mean the net weight of the commodity at the time of delivery to the customer. [1924; last amended 1926.]

Sec. 59-73. Sales to be by weight, measure or numerical count; exceptions.

It shall be unlawful to sell, except for immediate consumption on the premises, liquid commodities in any other manner than by weight or liquid measure, or commodities not liquid in any other manner than by measure of length, by weight, or by numerical count, unless otherwise agreed in writing by the mutual consent of the buyer and seller; provided, however, that nothing in this section shall be construed to prevent the sale of fruits, vegetables, and other dry commodities in the

standard barrel provided for in Secs. 59-131, and 59-132, or of berries and small fruits in boxes as provided for in Sec. 59-130, or of vegetables or fruits usually sold by the head or bunch in this manner; provided, further, that nothing in this section shall be construed to apply to foodstuffs put up in original packages. [1926]

Sec. 59-74. Meaning of "original package”.

For the purpose of the preceding section the term "original package" shall be construed to include a commodity in a package, carton, case, can, barrel, bottle, box, phial, or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, which may be labeled, branded, or stenciled, or otherwise marked, or which may be suitable for labeling, branding, or stenciling, or marking, otherwise, making one complete package of the commodity. The words "original package" shall be construed to include both the wholesale and the retail package. [1926]

Sec. 59-75. Meaning of "commodities not liquid”.

For the purpose of Sec. 59-73 the term "commodities not liquid" shall be construed to include goods, wares, and merchandise, which are not in liquid form and which have heretofore been sold by measure of length, by weight, by measures of capacity, or by numerical count, or which are susceptible of sale in any of these ways. [1926]

Sec. 59-76. Powers of governing bodies of cities or towns.

The governing body of any city or town may provide for the weighing or measuring of hay, coal or any other articles for sale. [1887; last amended 1938.]

Code 1948, Vol. 2, Title 59, Ch. 6, Art. 1-Weights and Measures, Commissioner of Agriculture and Immigration.

Sec. 59-77. Powers and duties.

All the powers conferred and all the duties imposed by law upon the former Superintendent of Weights and Measures shall be exercised or performed by the Commissioner of Agriculture and Immigration, without additional compensation, under the direction of the Board of Agriculture and Immigration. [1926]

Code 1948, Vol. 2, Title 59, Ch. 6, Art. 1-Weights and Measures, Commissioner of Agriculture and Immigration-Continued.

Sec. 59-78. Vested with powers of sealer of weights and

measures.

The Commissioner shall, in addition to the other powers conferred upon him, have, throughout the Commonwealth, all the powers and authority of a sealer of weights and measures. [1924; last amended 1938.]

Sec. 59-79. To use manual of Bureau of Standards as guide. The Commissioner shall be guided in the performance of his duties by the Department of Commerce, Bureau of Standards, manual of inspection and information for weights and measures officials. [1926; last amended 1938.]

Sec. 59-80. Assistants, deputies, inspectors and weighmasters. The Commissioner may appoint assistants, deputies and inspectors to assist in carrying out the weights and measures laws of this State and the rules and regulations adopted and established pursuant thereto. Such assistants, deputies and inspectors shall have all the authority and powers of local sealers of weights and measures, but their activities and functions shall not be restricted to any particular counties or cities unless the Commissioner shall so direct. The Commissioner may also appoint weighmasters who shall perform such duties and functions as may be properly required by him; and he may approve as weighmasters persons now or hereafter privately employed for that purpose. Any appointment hereunder may be for full or part time. All such appointments shall be subject to the approval of the State Board of Agriculture and Immigration. The compensation of persons appointed hereunder shall be such as may be provided in accordance with law. [1938]

Sec. 59-81. Fees for services rendered by agreement.

No fees shall be charged for the services of any appointee hereunder unless such services be rendered by agreement with or at the request of the person or party served. In event services be rendered by agreement with or at the request of the party served such fees may be charged as the Commissioner may deem proper. All fees and moneys collected or received pursuant hereto shall be paid into the State treasury to be there maintained in a separate fund which is hereby appropriated to the Department of Agriculture and Immigration for the administration and carrying out the provisions hereof. [1938]

Sec. 59-82. Specifications, tolerances and regulations.

The Commissioner may adopt and establish specifications, tolerances, and regulations for weights and measures and weighing and measuring devices for the purpose of protecting the public

from fraud and deception by the use of defective or incorrect weights or measures or weighing or measuring devices or weights or measures or weighing or measuring devices which are susceptible to or can be operated so as to give incorrect weight or measure and for the purpose of providing reasonable variations that may be allowed in the size, quantity, area, weight or measurement of quantities, things, produce or articles for distribution or consumption or offered or submitted for sale, hire or award or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination. The Commissioner may also make, adopt and establish the necessary rules and regulations for the enforcement of the weights and measures laws of this State. [1932] Sec. 59-83. Police powers.

The Commissioner, his assistants and inspectors shall have police power for the purpose of carrying out the provisions of this chapter [Secs. 59-71— 59-140] only, and in the exercise of their duties they shall upon demand, exhibit their badges to any person questioning their authority, and they are authorized and empowered to make arrests of any person violating any provisions of this chapter. [1926]

Sec. 59-84. Inspector of weights and measures for coal mines.

The State Mine Inspector shall be the inspector of weights and measures for all coal mines where coal produced therefrom shall be weighed or measured. [1938].

Code 1948, Vol. 2, Title 59, Ch. 6, Art. 3—Weights and Measures, Local Sealers.

Sec. 59-85. Appointment.

The governing bodies of the respective counties and cities may appoint for their respective counties and cities a local sealer of weights and measures; provided, however, that two or more counties may appoint jointly for their respective counties and towns a local sealer, subject to the approval of the Commissioner; and provided, further, that if in any particular city or county the services of a full time local sealer be not required, the governing body thereof may appoint a part time local sealer of weights and measures. [1926]

Sec. 59-86. Terms of office and compensation.

Local sealers appointed under the preceding section shall hold office for such terms, and shall receive such salaries, as the appointing power may prescribe. Such salaries shall be paid out of the county or city treasury, as the case may be. [1926]

Sec. 59-87. Grounds for removal.

Local sealers may be removed at any time, by the authority which appointed them, for nonfeasance, misfeasance, or malfeasance in office. [1926]

Sec. 59-88. No fees charged.

No fee shall be charged by the local sealer of weights and measures, or by the county or city, for inspecting, testing, or sealing, or the repairing or adjusting of weights, measures, or weighing or measuring devices. [1926]

Sec. 59-89. Set of weights and measures to be kept; sealing, etc. by Commissioner.

The governing body of each county or city appointing a sealer under the provisions of this article Secs. 59-85-59-94] shall procure at the expense of the county or city, and shall keep at all times, a set of weights and measures and other apparatus as complete, and of such materials and construction as the Commissioner may direct. All such weights and measures, and other apparatus having been tried and accurately proven by the Commissioner shall be sealed and certified to by him as herein before provided, and shall be then deposited with and preserved by the county or city sealer as public standards for each county or city. [1924]

Sec. 59-90. Powers and duties.

When not otherwise provided by law the county or city sealer shall have the power and it shall be his duty within his county or city to inspect, test, try and ascertain if they are correct, all weights, measures, and weighing or measuring devises kept, offered, or exposed for sale, sold, or used or employed within the county or city by any proprietor, agent, lessee or employee in proving the size, quantity, 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 or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination; and he shall have the power to and 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 or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be kept, offered or exposed for sale or sold in a manner in accordance with law; he shall at least twice each year and as much oftener as he may deem necessary, see that all weights, measures and weighing or measuring devices used in the county or city are correct. He may, for the purpose above mentioned, and in the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whomsoever, and require him, if necessary, to proceed to some place which the sealer may specify, for the purpose of making the proper tests. Whenever the county or city sealer finds a violation of the

statutes, specifications, tolerance or regulations relating to weights and measures, he shall cause the violator to be prosecuted. [1924; last amended 1932.]

Sec. 59-91. To use manual of Bureau of Standards as guide. Sealers of weights and measures shall be guided in the performance of their duties by the Department of Commerce, Bureau of Standards, manual of inspection and information for weights and measures. [1926; last amended 1938.]

Sec. 59-92. Sealing.

When the county or city sealer compares weights, measures, or weighing or measuring devices and finds that they correspond or causes them to correspond with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring devices with appropriate devices to be approved by the Commissioner. [1924]

Sec. 59-93. Condemnation and destruction of incorrect weights and measures; condemnation for repairs.

The county or city sealer shall condemn and seize and may destroy incorrect weights, measures, or weighing or measuring devices which, in his best judgment, are not susceptible of satisfactory repair; but such as are incorrect and yet, in his best judgment may be repaired, he shall mark or tag as "condemned for repairs" in a manner prescribed by the Commissioner. The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made shall have the same repaired and corrected within ten days, and they may neither use nor dispose of them in any way, but shall hold them at the disposal of the sealer. Any weights, measures, or weighing or measuring devices which have been "condemned for repairs, and have not been repaired as required above, shall be confiscated by the sealer. [1924]

Sec. 59-94. Records and reports.

The county or city sealer shall keep a complete record of all his official acts, and shall make an annual report to the appointing authority and an annual report duly sworn to, on the first day of October, to the Commissioner on blanks furnished by him, and also, any special reports that he may request. [1924]

Code 1948, Vol. 2, Title 59, Ch. 6, Art. 4—Weights and Measures, Standards.

Sec. 59-95. State standards.

The weights and measures received from the United States under joint resolutions of Congress, approved June fourteenth, eighteen hundred and thirty-six, and July twenty-seventh, eighteen hundred and sixty-six, and such new weights and measures as shall be received from the United States

Code 1948, Vol. 2, Title 59, Ch. 6, Art. 4-Weights and Measures, Standards—Continued.

as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the national Bureau of Standards shall be the State standards of weights and measures. [1924]

Sec. 59-96. Office standards and working standards to be supplied by State.

In addition to the State standard of weights and measures, provided for above, there shall be supplied by the State at least one complete set of copies of these, to be kept at all times in the office of the Commissioner, and to be known as office standards; and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this chapter [Secs. 59-71-59-140], to be known as working standards. [1924]

Sec. 59-97. Verification and sealing.

Such weights, measures, and apparatus shall be verified by the Commissioner upon their initial receipt and at least once in each year thereafter, the office standards by direct comparison with the State standards, the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards shall be sealed by stamping on them the letter "V" and the last two figures of the year with seals which the Commissioner shall have and keep for that purpose. [1924]

Sec. 59-98. Use of office and State standards.

The office standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the Commissioner and the State standards shall be used only in verifying the office standards and for scentific purposes. [1924]

Sec. 59-99. Where standards kept; certification.

The Commissioner shall take charge of the standards adopted by this chapter [Secs. 59-71-59-140] as standards of the State, and cause them to be kept in a safe and suitable place in the city of Richmond, from which place they shall not be removed except for repairs or for certification, and he shall submit them at least once in ten years to the national Bureau of Standards for certification. [1924]

Sec. 59-100. Record and annual report.

The Commissioner shall keep a complete record of the standards, balances, and other apparatus belonging to the State and take a receipt for the same from his successor in office. He shall annually on the thirty-first day of December make the Governor a

report of all work done by his office during the twelve months next preceding the first day of October. [1924]

Sec. 59-101. Standard cord.

A cord contains one hundred and twenty-eight cubic feet, being eight feet long, four feet high, and four feet wide, or the equivalent thereof; and in all measurements of wood, tan-bark or other things subject to such measurements the foregoing shall be the true and legal standard, any usage, by law or ordinance of any corporation, railroad or other company to the contrary, notwithstanding. [1924; last amended 1946.]

Sec. 59-102. Standard bushel of agricultural products sold by weight.

In all sales by weight of the agricultural products hereinafter named, the number of pounds per bushel as stated in the following schedule shall be the true and legal standard: 1

Code 1948, Vol. 2, Title 59, Ch. 6, Art. 5-Weights and Measures, Packaged Commodities.

Sec. 59-103. Net quantity to be marked on package; exceptions. 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 variations or tolerances shall be permitted and that these reasonable variations or tolerances and also exemptions as to small packages shall be established by rules and regulations made by the Commissioner; and 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 chapter [Secs. 59-71-59-140]. [1926]

Sec. 59-104. "Package" and "in package form" defined.

The word "package" as used in the preceding section shall be construed to include both a wholesale and a retail package.

The words "in package form" shall be construed to include a commodity in a package, carton, case, can, box, barrel, bottle, phial or other receptacle, or in coverings or wrappings of any kind put up by the manufacturer, or, when put up prior to the order of the commodity, by the vendor, which may be labeled, branded, stenciled or otherwise marked, or which may be suitable for labeling, branding, stenciling or marking otherwise, making one complete package of the commodity. [1926]

Sec. 59-105. Textile materials.

It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity composed in whole or in part of cotton, wool, linen, or silk, or any other textile material on a spool or similar holder, or in a container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any similar manner, unless the net amount of the commodity in terms of weight or measure shall be definitely, plainly, and conspicuously marked on the principal label, if there be such a label; otherwise on a wrapper, band, or tag attached thereto.

The words "spool or similar holder, container, or band, bolt or roll, or ball, coil, or skein," shall be construed to include the spool or similar holder, container or band, bolt, or roll, or ball, coil, or skein put up by the manufacturer; or, when put up prior to the order of the commodity, by the vendor. It shall be held to include both the wholesale and the retail package. [1924]

Code 1948, Vol. 2, Title 59, Ch. 6, Art. 6-Weights and Measures, Livestock Auction Markets.

Sec. 59-106. Definition.

For the purpose of this article [Secs. 59-106-59114] the term "livestock auction market" shall mean

888243-51-66

any place or establishment at which cattle, sheep, swine or other livestock are sold, offered or exposed for sale, by weight, at auction, for compensation or profit, and in the regular course of business of such place or establishment; provided, however, that by mutual agreement between the consignor and the auction market the provisions of this article shall not apply to livestock received at the market on other than auction sale days. [1940; last amended 1948.]

Sec. 59-107. Weighmasters generally.

At every livestock auction market in this State all weighing shall be done by or in the presence of weighmasters appointed by the Commissioner of Agriculture and Immigration. The Commissioner shall appoint as many weighmasters as may be necessary to perform such duties, shall fix their compensation, and may remove them at any time. [1940; last amended 1948.]

Sec. 59-108. Duties of weighmasters.

Such weighmasters shall see that all weights of livestock are correctly made and correctly recorded, and the auction market shall give to the weighmasters all facilities necessary for the proper performance of their duties. [1940; last amended 1948.]

Sec. 59-109. Payment of cost of service.

All reasonable and actual costs of such service not exceeding ten dollars per person employed as weighmaster per auction day shall be paid by the person or persons who operate or conduct such market, and shall become due on the fifteenth day of the month next succeeding that in which such service is rendered, and upon default thereof may be recovered by civil action brought in the name of the Commissioner. [1940; last amended 1948.]

Sec. 59-110. Disposition of collections.

The moneys collected pursuant to the preceding section shall be paid into the State treasury and are hereby appropriated to the Department of Agriculture and Immigration as reimbursement for the expenditures made in furnishing such service. [1940; last amended 1948.]