Pierce's Perpetual Code 1943-Honey-Continued. which said honey is seized for an order directing them to dispose of or sell the same and apply the proceeds of the same to the general fund: Provided, however, That the director shall first give notice to the person in whose possession such goods are found, or, if in the possession of a common carrier, then the consignee of such honey, notifying such person that he has seized such honey, and the reasons therefor, [1939]

Sec. 571-63. Marking requirements.

It shall be unlawful to deliver for shipment, ship, transport, sell, expose or offer for sale any containers or sub-containers of honey within this state unless they shall be conspicuously marked with the name and address of the producer or distributor, the net weight of the honey, [1939]

Sec. 571-69. Same.

When any markings are used or required to be used under this act [Secs. 571-1-571-89] on any container of honey to identify the container or describe the contents thereof, such markings must be plainly and conspicuously marked, stamped, stenciled, printed, labeled or branded in the English language, in letters large enough to be discernible by any person, on the front, side or top of any container. [1939]

Sec. 571-71. "Slack filled" containers to be so marked.

Any slack filled container shall be conspicuously marked "slack filled." [1939]

Sec. 571-73. Refilling containers.

It shall be unlawful to sell, offer, or expose for sale to the consumer any honey in any second hand or used containers which formerly contained honey, unless all markings as to grade, name and weight have been obliterated, removed or erased.

Sec. 571-83. Penalties for violations.

[1939]

Any person who violates any of the provisions of this act [Secs. 571-1-571-89] shall be guilty of a misdemeanor, and upon violation thereof shall be punishable by a fine of not more than five hundred dollars ($500) or imprisonment in the county jail for a period of not more than six (6) months or by both such fine and imprisonment. [1939]

Pierce's Perpetual Code 1943-Macaroni Factories. Sec. 572-41. Prohibited acts.

In addition to the acts by this act [Secs. 572-1— 572-45] made unlawful, it shall be unlawful in connection with the operation of any macaroni factory or the sale or distribution of any macaroni product:

(a) To sell, advertise, describe, brand, mark, label or pack macaroni or any simulation or imitation thereof in a manner which is calculated to mislead or deceive or has the tendency or capacity or effect

of misleading or deceiving purchasers, prospective purchasers or the consuming public with respect to the grade, quality, quantity, substance, character, nature, origin, size, material, content, composition, color, preparation, or manufacture of such products or in any material respect.

(e) To use photographs, cuts, engravings, illustrations or pictorial or other adoptions or devices of industry products in catalogs, sales literature or advertisements or on packages or containers or otherwise in such manner as to have the capacity and tendency or effect of misleading or deceiving the purchaser or consuming public as to the grade, quality, quantity, substance, character, nature, origin, size, material content, composition, coloring, preparation or manufacture of such products. [1939]

Sec. 572-43. Violation a misdemeanor.

Any person violating any provision of this act [Secs. 572-1-572-45] shall be guilty of a misdemeanor.1 Each day such violation continues shall constitute a separate offense. [1939]

1 See Sec. 112-27, page 1074.

Pierce's Perpetual Code 1943-Grain Warehouses. Sec. 598–21. Director of agriculture: Powers.

When the director of agriculture shall be appointed, qualify, assume and exercise the duties of his office, under the provisions of chapter 7 of the Laws of 1921, he shall, through and by means of the division of agriculture, exercise all the powers and perform all the duties by this act [Secs. 598-21598-81] vested in, and required to be performed by, the public service commission of Washington. [1921]

Sec. 598-29. Negligence or corruption of inspectors.

1

Any inspector who shall be guilty of any neglect of duty, or who shall knowingly or carelessly inspect, sample or weigh any commodity included within the provisions of this act [Secs. 598-21-598-81] improperly, shall be deemed guilty of

a misdemeanor, and upon conviction thereof shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) or imprisoned in the county jail not less than six months nor more than one year, or by both such fine and imprisonment, in the discretion of the court. [1911; last amended 1919.]

1 Grain, hay, peas, hops, grain and hay products, malt, peanuts, flax and seeds.

Sec. 598–31. State inspection and weighing points.

The cities of Seattle, Tacoma, Spokane, Everett and Yakima shall be provided with state inspection and weighing under this act [Secs. 598-21-598-81].

Such other cities and towns or districts where commodities included in the provisions of this act [grain, hay, peas, hops, grain and hay products, malt, peanuts, flax and seeds], are received or shipped by common carrier, and the shipments are such as would reasonably justify and render necessary the inspection and weighing thereof, may be designated by the commission 1 as inspection points and be provided with state inspection and weighing: Provided, That the expenditure for the inspection and weighing at each of such points designated by the commission shall not exceed the receipts of the fees at such place. [1911; last amended 1921.]

1 Now Director of Agriculture; see Sec. 598-21, page 1068. Sec. 598-39. Weighing on request; scales; testing; sealing; certificate; fees; rules and regulations governing dockage.

The director [of agriculture] may authorize the weighing and grading upon request of any interested party, of commodities of commerce other than grain or hay, such as grain or hay products, rice, beans and other similar articles, nitrates and other fertilizers, sulphur and other chemicals used in the arts or in manufacturing, when same are received from or delivered to any rail or water carrier in the state in commercial transportation, and may authorize the certification of the weights and grades thereof. Fees for such service, sufficient to cover the cost thereof, shall be fixed by the di

rector.

The director shall after such hearing, make and issue reasonable rules and regulations governing the dockage which shall be made on inferior grades and in all executory contracts thereafter entered into where the price or amount to be paid therefor depends upon terminal weight or grade, such rules and regulations shall control the dockage in so far as the same affects the price to be paid, and such rules and regulations shall become part of the contract of sale unless expressly agreed to the contrary in such executory contract. last amended 1923.]

Sec. 598-43. Fees for weighing, etc.

[1911;

The director of agriculture shall fix the fees for inspection, grading and weighing of the commodities included in the provisions of this act [Secs. 59821-598-81], which fees shall not exceed eight cents (84) a ton for sack grain and six cents (64) a ton for bulk grain. The fees for inspection, grading and weighing of such commodities shall be a lien upon such commodity so weighed, graded and/or inspected to be paid by the carrier transporting the same and treated by it as an advanced charge, except when the bill of lading contains the notation "Not for terminal weight and grade," and the commodity is not unloaded at a terminal warehouse. The director of agriculture shall so adjust the fees to be collected under this act as to meet the expenses necessary to carry out the provisions hereof, and may

888243-51-68

prescribe a different scale of fees for different localities. The director of agriculture may also prescribe a reasonable charge for service performed at places other than public terminal warehouses in addition to the regular fees when necessary to avoid rendering the services at a loss to the state. [1911; last amended 1935.]

Sec. 598-45. Chief inspector to have exclusive control of weighing.

The chief inspector, and inspectors, shall, at the places provided for state inspection under this act [Secs. 598-21-598-81], have exclusive control of the weighing and grading of the commodities which shall be inspected under the provisions of this act and the action and certificates of such inspectors in the discharge of their duties, as to all commodities weighed or inspected by them, shall be conclusive upon all parties interested: Provided, however, An appeal may be taken to the commission,1 whose decision shall be final. Suitable books and records shall be kept in which shall be entered a faithful and true record of every carload, or cargo or part of cargo of commodities inspected or weighed by them, showing the number and initial or other designation of the vehicle or boat containing such carload, or cargo or part of cargo, its weight, the kind of commodity, and its grade, and if graded below standard No. 1 grade, the reason for such grade, if of inferior grade the amount of such dockage, the amount of fees and forfeitures and disposition of same, and for each vehicle or cargo, or part of cargo, of commodity inspected, they shall give a certificate of inspection showing the kind and grade of the same and the reason for all grades below No. 1, the amount to be allowed for dockage, if any, the number of sacks, bales or other parcels thereof, with the grade or grades and weight of same, if requested to do so by consignor or consignee. They shall also furnish the agent of the railroad company, or other carrier over which such commodity was shipped or carried, a certificate showing the weight thereof, if requested to do so. They shall also keep a true record of all appeals, decisions and a complete record of every official act, which books and records shall be open to inspection by any party in interest. [1911; last amended 1919.]

1 Now Director of Agriculture; see Sec. 598-21, page 1068. Sec. 598-51. Exports reinspected; grain not to be weighed, when.

All grain and hay received at terminal warehouses shall be inspected and weighed by the inspector and when exported shall, if requested, be reinspected and graded in like manner and a certificate of grade issued, a reasonable fee to be charged for such reinspection, said fee to be fixed by the commission. All other grain and hay received in carload lots, or, when shipped by water in lots containing more than thirty tons of grain or twelve tons of hay at inspection points, not unloaded

Each person, firm, corporation or association of persons operating any public warehouse subject to the provisions of this act [Secs. 598-21-598-81] shall, on or before the first day of July of each year, give a bond to the state of Washington, with surety to be approved by the director of agriculture in a sum equal to five cents per bushel of the grain capacity of any such warehouse, as may be determined by the director of agriculture, but in no case less than the sum of five thousand dollars ($5,000.00),

*. Every such person, firm, corporation, or association of persons shall, on or before July 1st of each year, procure from the director of agriculture a license for each such warehouse so owned or operated for the ensuing year before transacting business at such public warehouse or warehouses: Provided, That no such licenses shall be issued before the bond herein before required shall have been given and approved [1911; last amended 1933.]

Sec. 598-71. Track scales; city inspection of scales.

Any railroad delivering grain or hay in cars at any of the places provided with state inspection under this act [Secs. 598-21-598-811

1

shall provide at such place or places as the commission may designate, suitable track scales for weighing cars of grain or hay. Such scales shall be under the control of the commission. It shall be the duty of the commission to require the railroad company to correct all scales so provided as often as may be necessary to insure the correct weighing of grain or hay. Whenever scales have been installed by any railroad company as above provided such scales shall be used in weighing all grain or hay received over the line of such railway and it shall be the duty of the railroad company to weigh cars loaded with grain, hay or other commodities included in the provisions of this act, while loaded, and to reweigh the car when the load has been removed therefrom. Failure or neglect to carry out the provisions of this act by any railroad company shall subject it to a fine of not less than twenty-five ($25.00) dollars nor more than one hundred dollars ($100.00) for each offense: Provided, That if any terminal warehouse in inspection cities are provided with proper scales and weighing facilities, the chief inspector or his deputy may weigh the grain upon the scales so provided. The commission at least once each year shall cause to be examined, tested and corrected all scales used in weighing grain or hay in any of the cities designated as inspection points in this act or such

places as may be hereinafter designated, and after such scale is tested, if found to be correct and in good condition, to seal the weights with a seal provided for that purpose and issue to the owner or propri etor a certificate authorizing the use of such scales for weighing grain or hay for the ensuing year, unless sooner revoked by the commission. If such scales be found to be inaccurate or unfit for use, the commission shall notify the party operating or using them, and the party thus notified shall, at his own expense, thoroughly repair the same before attempting to use them, and until thus repaired to the satisfaction of the commission, the certificate of such party shall be suspended or revoked, in the discretion of the commission. The party receiving such certificate shall pay to the commission a reasonable fee for such inspection and certificate to be fixed by the commission, which sum shall be paid into the state treasury. It shall be the duty of the said commission to see that the provisions of this section are strictly enforced. [1911; last amended 1921.]

1 Now Director of Agriculture; see Sec. 598-21, page 1068. Sec. 598-75. Shipper's weight and grade, where conclusive.

When grain, hay or peas are shipped to points where inspection is provided and the bill of lading does not contain the notation "Not for terminal weight and grade" and the grain or hay is unloaded by or on account of the consignee or his assignee without being inspected or weighed by a duly au thorized inspector under the provisions of this act [Secs. 598-21-598-81], the shipper's weight and grade shall be conclusive and final and shall be the weight and grade upon which settlement shall be made with the seller, and the consignee or his assignee, by whom such grain, hay or peas are so unlawfully unloaded shall be liable to the seller thereof for liquidated damages in an amount equal to ten per cent of the scale [sale] price of such hay, grain or peas computed on the basis of the shipper's weight and grade. [1911; last amended 1919.]

Sec. 598-77. Penalties for violation.

Any railroad company or common carrier or other corporation, and any warehouseman, which shall violate or fail to comply with any provision of this act [Secs. 598-21-598-81], or which fails, omits or neglects to obey, observe or comply with any order, rule or any direction, demand or requirement of the commission1 made under the provisions of this act, shall be subject to a penalty of not to exceed the sum of one thousand dollars ($1,000.00) for each and every offense, and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance thereof shall be, and be deemed to be, a separate and distinct offense. [1919]

1 Now Director of Agriculture; see Sec. 598-21, page 1068.

Sec. 599–7. Grain to be weighed by state inspector.

It shall be unlawful for any grain warehouseman to receive in any public terminal grain warehouse any grain that has not been inspected and weighed in by a duly authorized grain inspector of the state of Washington, or to deliver out of any Class A grain warehouse any grain that has not been weighed out by a duly authorized state grain inspector. [1915] Sec. 599-21. Class B warehouse receipts; inspection and weighing of grain; deliveries.

It shall be unlawful for any warehouseman conducting a Class B grain warehouse to receive any grain into his warehouse without having the same inspected and weighed in by a state grain inspector, and it shall be the duty of every such warehouseman, to, upon request, issue or cause to be issued a receipt for each consignment of grain received, showing the weight, kind and grade of such grain, the name of the owner thereof and the date when the same was received, but such receipts shall not be entitled to registration and grain shall be delivered from such warehouse without the supervision of the registrar of warehouse receipts. [1915]

Sec. 599-23. Fees for inspection and weighing.

The fees for weighing out grain from a Class A grain warehouse and for inspecting out grain in case the owner desires inspection out, shall be fixed by the public service commission 1 of Washington, and the state grain inspectors, may, when requested so to do by persons desiring grain inspected out, issue certificates of inspection in accordance with the names of the grains used in the markets to which the grain is to be shipped. [1915]

1 Fees fixed by Director of Agriculture; see Sec. 598-43, page 1069.

Sec. 599-29. Penalty for violation.

Every person violating any provisions of this act [Secs. 599-1-599-31], for the violation of which a specific penalty is not provided, and every person failing to comply with the provisions of this act shall be guilty of a gross misdemeanor.1 [1915]

1 See Sec. 112-29, page 1074.

Pierce's Perpetual Code 1943-Fruits and Vegetables, Containers.

Sec. 635-3. Director of agriculture to make rules and regulations governing containers for fruits and vegetables. The Director of Agriculture shall have the power and it shall be his duty:

(h) To make, adopt, issue and publish from time to time, and enforce general rules and regulations governing the grading, packing, and the size and dimensions of commercial containers of fruits, vegetables and nursery stock. [1915; last amended 1943.]

Pierce's Perpetual Code 1943-Economic Poisons.

Sec. 635-19. Definitions.

The definitions as given in this act [Secs. 63519-635-53] shall apply as defined, unless the context clearly indicates otherwise.

(a) "Economic poisons" includes any substance, or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all insects, fungi, bacteria, weeds, rodents, predatory animals or any other form of plant or animal life which is, or which the Director may declare to be, a pest, which may infest or be detrimental to vegetation, man, animals or households, or be present in any environment whatsoever;

(f) "Department" means the department of agriculture;

(g) "Director" means the Director of the Department of Agriculture;

(i) "Sell" includes "offer for sale," "expose for sale," "have in possession for sale," "exchange,” "barter" or "trade." [1941]

Sec. 635-25. When deemed misbranded.

Economic poison is misbranded when:

(f) In package form, and the contents, if stated in terms of weight or measure, are not plainly and correctly stated on the outside of the package. [1941]

Sec. 635-29. Unlawful sales.

It is unlawful to sell any adulterated or misbranded economic poison. [1941]

Sec. 635-31. Guaranty protection.

In any prosecution of any agent or dealer under the provisions of section 6 [Sec. 635-29] it is a complete defense to prove that the adulterated or misbranded economic poison which is the basis of said prosecution was guaranteed by the party from whom said agent or dealer purchased the same to be not adulterated or misbranded. [1941]

Sec. 635-47. Seizures.

The Director may seize and quarantine any eco nomic poison which is adulterated, or misbranded within the meaning of this act [Secs. 635-19-63589], or detrimental to agriculture or to the public health, or which is otherwise not in conformity with any provision of this act. It shall be unlawful for any person to transport, destroy or dispose of any quarantined economic poison without securing a permit from the Director. [1941]

Pierce's Perpetual Code 1943-Intoxicating Liquors.

Sec. 678-5. Enforcement.

The administration of this act [Secs. 678-1-678267], including the general control, management and supervision of all state liquor stores, shall be vested in the liquor control board, constituted under this act. [1933]

Sec. 678-23. Packages: Board to determine capacity.

1. The board, subject to the provisions of this act [Secs. 678-1-678-267] and the regulations, shall

d. determine the nature, form and capacity of all packages to be used for containing liquor kept for sale under this act; [1933; last amended 1935.]

Sec. 678-137. Wine labels.

Every person producing, manufacturing, bottling or distributing wine shall put upon all packages a distinctive label such as will provide the consumer with adequate information as to the net contents of the package, [1933; last amended 1939.]

Pierce's Perpetual Code 1943-Mine Scales.

Sec. 742-147. Operators to provide scales and test weights; weighman; check weighman; oaths; penalty for violating section.

(a) The operator of every coal mine where the miners are paid by the weight of their output, shall provide at such mine suitable and accurate scales for the weighing of such coal, and a correct record shall be kept of all coal so weighed, and each day's record shall be posted where it is open at all hours to the inspection of miners. Sufficient weights shall be furnished by the operator for the purpose of testing the accuracy of said scales: Provided, however, That where a checkweighman is employed the operator shall not be required to post each day's record.

(b) The miners employed by or engaged in working at any coal mine in this state shall have the privilege, if they desire, of employing at their expense a check weighman, whose compensation shall be deducted by the mine operator before paying the wages due the miner, and who shall have like rights, powers and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular weighman. Said oath or affirmation shall be conspicuously posted in the weigh office.

(c) The weighman and checkweighman employed at any mine shall subscribe an oath or affirmation before a justice of the peace, or other officer authorized to administer oaths, in form as follows, to-wit:

(d) Any weigher of coal, check weighman, or any person so employed, who shall knowingly violate any of the provisions of this or the preceding sec

tion, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00) for each offense, or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment, proceedings to be instituted in any court having jurisdiction therein. [1917]

Sec. 742-325. Weighing coal before screening.

It shall be unlawful for any mine owner, lessee or operator of coal mines in the state of Washington, employing miners at ton rates, to pass the output of coal mined by said miners over any screen or other device which will take any part from the value thereof before the same shall have been duly weighed and credited to the employee sending the same to the surface, and accounted for at the legal rate of weights as fixed by the laws of the state of Washington [1917]

Pierce's Perpetual Code 1943-Railroad Track Scales. Sec. 819-21. Freight weighing.

The commission [Public Service Commission] shall have power to enforce reasonable regulations for the weighing of cars and freight offered for shipment over any line of railroad, and to test the weights made by any railroad and scales used in weighing freight on cars. [1911]

Sec. 820-23. Railroads to provide facilities for testing track scales; test car; track scales tested; fees.

It shall be the duty of all railroads operating in this state, to provide suitable facilities for the testing of all track scales used by such railroads. The commission [Public Service Commission] is hereby authorized, after a hearing, upon its own motion and after notice to the railroads operating in this state, to order a suitable car or other device or facility to be provided by the railroad companies operating in this state, to be used in testing the track scales used by such railroads, the expenses of providing such car, device or facility to be equitably and reasonably apportioned among the different railroad companies by the commission. Such car, device or facility shall be used by the commission to test the accuracy of all track scales, and the different railroad companies shall transport and move such car, device or facility without charge therefor, to the different places designated by the commission under such reasonable rules and regulations as the commission may prescribe. Such car, device or facility may be used in adjoining states to test the scales of railroad companies and for that purpose may be taken beyond the limits of the state under such reasonable rules and regulations for the due care and return thereof as the commission may prescribe. The commission is hereby authorized to prescribe and collect a reasonable fee sufficient to cover the cost and expenses connected therewith for the inspection and testing of all scales. [1911]