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Statutes 1947, Vol. 1, Title XII, Ch. 98—Weights and
Measures

Pago Sec. 98.01 State standards

1094 98.02 Custody and use of state standards; au

thority and duties of department; testing
for state institutions; regulations

1094 98.03 City standards

1095 98.04 City sealers

1095 98.06 Sealers at large

1096 98.07 Sealer's liability

1096 98.08 Police powers of sealers

1096 98.09 Weight and ton defined; contracts

1096 98.10 Dry commodity standards

1096 98.11 Standard bushel

1097 98.12 Milk bottles

1097 98.13 Babcock test

1097 98.14 Standardization of Babcock glassware- 1098 98.15 Reading of test

1098 98.16 Standard barrels, crates and boxes; liquids,

beer and other fermented liquids; un-
slaked lime; fruits and vegetables; stand-
ard weights of containers for flour, corn
meal, hominy and hominy grits.

1098 98.17 Hop boxes

1099 98.18 Standard for grain

1099 98.19 Grain tester, how used

1099 98.20 Cotton duck: Definition; marking require

ments; misrepresentation of true weight 1100 98.21 Bread: Standard loaves; enforcement 1100 98.22 Inspection of fuel deliveries

1100 98.23 Cheese purchased at wholesale to be weighed before delivery

1101 98.24 Sale of growing crops; weighing

1101 98.25 False weights and measures

1101 98.26 Penalties

1102

Statutes 1947, Vol. 1, Title XII, Ch. 97-Food

Pago Sec. 97.01 Definition of food

1105 97.305 Labeling of macaroni and noodles

1106 97.39 Condensed or evaporated skim milk: Weight of container

1106 97.50 Cheese food compounds: Marking requirements

1106 97.60 Foods: False branding of weight, measure, count, or contents; exceptions

1106 97.64 Same: False advertising

1106 97.65 Same: Weight to be set forth in advertisement

1106 97.72 Penalties

1106 Statutes 1947, Vol. 1, Title XII, Ch. 97–Antifreeze Sec. 97.73 Definitions; marking requirements; en

forcement; penalties for violations 1107 Statutes 1947, Vol. 1, Title XIV, Ch. 126-Weighing

of Grain Sec. 126.05 Grain and warehouse commission: Weighing of grain

1107 126.20 Inspection; test of scales; penalty

1107 126.21 Weighmaster

1107 126.28 Commission to fix charges for weighing 1107 126.33 Liens; weighing charge

1108 126.40 Supervision by commission

1108 126.41 Weighing regulations to be published---- 1108 126.46 Weighing and inspecting fees to defray expenses

1108 126.47 Chief weighmaster to keep record; weight certificate; prima facie evidence

1108 126.53 Penalties for violations

1108 126.57 Locus of sale; weighing

1108 126.58 Presumption of sale

1108 126.59 Unauthorized weighing; penalty

1108 126.61 No delivery until fees paid

1108 126.62 Refusal by warehouseman to pay charges; sales

1109 126.64 Penalty for sale without inspection; locus of sale

1109 126.70 No shipment until weighed; penalty-. 1109 126.71 Penalty for obstructing weighmaster - 1109 126.72 Construction of chapter 126

1109 126.74 Milwaukee excepted

1109 Statutes 1947, Vol. 1, Title XV, Ch. 161–Narcotic

Drugs
Sec. 161.10 Marking requirements

1109 161.19 Enforcement

1109 161.20 Penalty for violations

1109 Statutes 1947, Vol. 1, Title XVI, Ch. 167–Match

Boxes and Containers
Sec. 167.07 Match boxes and containers

1110 Statutes 1947, Vol. 1, Title XVII, Ch. 195–Weighing

of Freight Sec. 195.03 Powers and duties of commission

1110 195.07 Law enforcement

1110 195.22 Railroads to weigh correctly

1110 195.23 Livestock scales

1110 195.36 General penalty upon railroads

1110 195.38 Freight bills; examination; refunds

1111 Statutes 1947, Vol. 1, Title XVII, Ch. 196/Public

Utilities Sec. 196.01 Definition

1111 196.02 Powers of commission

1111 196.16 Standard measurements; accurate appliances

1111

Statutes 1947, Vol. 1, Title XII, Ch. 93—Department

of Agriculture Sec. 93.01 Definitions of terms used in chapter 93 to 100

1102 93.07 Rules and regulations; enforcement 1102 93.08 Right of entry

1102 93.09 Standards and regulations for receptacles for food and farm products_.

1103 93.10 Same: Inspector's certificate

1103 93.21 Penalty for obstructing officers and violating regulations

1103

ments

Statutes 1947, Vol. 1, Title XII, Ch. 94—Promotion

of Agriculture Sec. 94.64 Commercial fertilizers: Marking require

1103 94.665 Agricultural lime: Definitions; license;

weight statement; vehicle ton weight ca-
pacity; enforcement; right of entry; viola-
tions; penalty

1103 94.67 Insecticides and fungicides: Unlawful to

sell misbranded articles; rules and regu-
lations

1104 94.68 Same: Definition

1104 94.70 Same: When deemed misbranded

1104 94.71 Same: Guaranty protection; condemnation 1104 94.77 Same: Penalty for violations

1105 94.72 Commercial feed

1105

Statutes 1947, Vol. 1, Title XII, Ch. 95—Livestock

Remedies Sec. 95.64

Definition; marking requirements 95.69 Violations; penalty

1105 1105

Statutes 1947, Vol. 2, Title XXXII, Ch. 343—Scaling

Logs

Statutes 1947, Vol. 1, Title XVII, Ch. 196—Public Utilities— Continued.

Page Sec. 196.17 Tests of meters; fees

1111 196.171 Examination of meters

1111 196.18 Entry on premises

1112

Page 1112

Sec. 343.551

Fraud in scaling

Statutes 1947, Vol. 1, Title XII, Ch. 98—Weights and

Measures.
Sec. 98.01. State standards.

The weights and measures and the scales and beams, received from the United States under a resolution of congress, approved June 14, 1836, and such new weights and measures and scales and beams in addition thereto or in renewal thereof, and such as shall be made under the direction of the state department of agriculture in conformity therewith, and certified to by the national bureau of standards shall be the state standards. [1935; last amended 1943.] Sec. 98.02. Custody and use of state standards; authority and

duties of department; testing for state institutions; regulations.

(1) The state department of agriculture shall take charge of the standards adopted by section 98.01 as the standards of the state; cause them to be kept in a fire-proof building belonging to the state, from which they shall not be removed except for repairs or for certification; and take all other necessary precautions for their safekeeping. The department shall maintain the state standards in good order and shall submit them once in ten years to the national bureau of standards for certification. The department shall keep a seal which shall be so formed as to impress the letters "Wis.” upon the weights and measures, scales, and beams sealed by it, and it shall correct the standards of the several cities, and as often as once in five years, compare the same with those in its possession, and shall seal the same when tried and proved to be in conformity to the state standards.

(2) The department shall have and keep a gen. eral supervision of the weights and measures and the weighing and measuring devices of the state, and in use in the state. It or its inspectors by its direction shall, upon the written request of any citizen, firm, or corporation, or educational institution of the state, test or calibrate weights, measures, weighing or measuring devices, and instruments or apparatus used as standards in this state.

(3) The department, or its inspectors by its direction, shall at least once annually test all scales, weights and measures used in checking the receipt or disbursement of supplies in every institution under the jurisdiction of the state department of public welfare, state board of health and superintendent of public instruction; and report in writing its findings to such state agency and to the executive officer of the institution concerned; and at the re

quest of such officer appoint in writing one or more employes, then in the actual service of such institution, who shall act as special deputies for the pur. pose of checking the receipt and disbursement of supplies.

(4) The department shall keep a complete record of the standards, balances, and other apparatus belonging to the state. The department shall as soon as practicable after the thirtieth day of June in each even-numbered year make to the governor a report of the work done by the department. The department, or its deputy or inspectors by its direction, shall inspect all the standards used by the cities at least once in each two years and shall keep a record of the same.

(5) The department, or its inspectors by its direction, shall at least once in two years visit the various cities of the state in order to inspect the work of the local sealers; and in the performance of such duties, it or its inspectors by its direction may inspect the weights, measures, balances, or any weight or measuring appliance of any person, firm, or corporation and shall have the same powers as the local sealer of weights and measures. The department shall issue from time to time, regulations for the guidance of all sealers, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. In said regulations it shall prescribe the amount of tolerance to be allowed, and may make reasonable regulations regarding the varieties or kinds of de vices, attachments or parts entering into the construction or installation of weights and measures or weighing or measuring appliances which shall have for their object the tendency to secure correct results in the use of such appliances.

(6) In all territory within this state, except in cities subject to the provisions of section 98.04, the department shall have the power, except as otherwise provided in sections 126.20,1 126.211 and 126.25,2 and in sections 196.16 3 and 196.17 3 of the statutes, to inspect, test, try and ascertain if they are correct, all weights, measures or weighing or measuring de vices kept, offered or exposed for sale, or sold, and it shall be its duty to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement, and tools, appliances or accessories connected with any or all such instruments or measurements used or employed within said territory by any proprietor, agent, lessee or employee in determining the size, quantity, extent, area or measurement of quantities, things, produce or articles of any kind offered for distribution, consumption, transportation, sale, barter, exchange, hire or award. The department shall have the power to, and shall from time to time by its agents, inspectors, or sealers, weigh or measure and inspect packages or amounts of commodities of whatsoever kind, kept for the purpose of sale, or exposed for sale, sold, or in the process of delivery, in order to determine whether the same contains the amounts represented and whether they are offered for sale or sold in the manner in accordance with law. [1935; last amended 1943.]

1 Secs. 126.20 and 126.21, weighing of grain, see page 1107. 2 Sec. 126.25, providing for oath and bond of chief inspector of grain, not included in this publication.

3 Secs. 196.16 and 196.17, gas and electric meters, see page 1111. Sec. 98.03. City standards.

Each city appointing a sealer under section 98.04 shall

procure and shall keep at all times a complete set of weights and measures, scales, and beams in exact conformity to the state standards, except that they may be made of such materials as the department may direct; weights and measures, scales, and beams having been tried and accurately proved by it shall be sealed and certified to by the department, and shall be deposited with the city sealer as public standards. Whenever such city shall neglect for six months so to do, the city clerk, on notification and request by the department, shall provide such standards and cause the same to be so tried, proved, sealed, certified, and deposited at the expense of the city. [1935] Sec. 98.04. City sealers.

(1) There shall be a city sealer of weights and measures in all cities having a population of more than 5,000 inhabitants according to the last official United States census, without counting inmates of any state penal institution or insane hospital therein situated. Any city under 5,000 inhabitants may adopt the same by a majority vote of the members of the common council. Such action may be repealed by a like vote of the members of the common council. The city sealer shall be appointed by the mayor from a list to be furnished by the state or local civil service board under the rules of said board, except that in cities of the fourth class he shall be appointed as determined by the city council. He shall be paid a salary to be fixed by the board or body authorized to fix the salaries of city officials, and shall be provided with suitable office quarters in said city, and no fees shall be charged by him or by the city for inspection or testing of weights, measures or weighing or measuring devices.

(2) Except as otherwise provided in sections 126.20 1 126.211 and 126.25 1, and in sections 196.16 1 and 196.171, the city sealer shall within his city have the power to inspect, test, try, and ascertain if they are correct, all weights, measures, or weighing or measuring devices, kept, offered, or ex

posed for sale or sold, and it shall be his duty to inspect, test, try, and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments, or mechanical devices for measurement, and tools, appliances, or accessories connected with any or all such instruments or measurements, used or employed within the city by any proprietor, agent, lessee or employee in determining the size, quantity, extent, area, or measurement of quantities, things, produce, or articles of any kind offered for distribution, consumption, transportation, sale, barter, exchange, hire, or award. The city sealer 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, sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accord. ance with law.

(3) He shall, at least once in each year or as much oftener as he may deem necessary, see that all weights, measures, and weighing and measuring apparatus used in the city are correct and that the same are in compliance with the regulations issued by the department. He may for the purpose above mentioned, and in the general performances of his official duties, with or without formal warrant, enter or go in or upon any stand, place, building, or premises; or may stop any vendor, peddler, junk dealer, coal wagon,

ice
wagon, or any

dealer whatsoever, for the purpose of making the proper tests.

(4) Whenever the city sealer finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. Whenever the sealer compares weights and measures and finds that they correspond or causes them to correspond with the standards in his possession, and with the regulations issued by the department, he shall seal or mark the same with appropriate devices to be approved by the department. The sealer shall condemn and seize and may destroy incorrect weights and measures and weighing or measuring instruments which cannot be repaired; and such as are incorrect and yet may be repaired, he shall mark or tag as "condemned for repairs” in a manner prescribed by the department.

(5) The city sealer shall keep a complete record of the work done by him and shall make a quarterly report to the mayor, which report shall be filed with the city clerk, and a quarterly report duly sworn to, to the department, these quarterly reports to cover the three-month periods beginning July first, October first, January first, and April first, respectively, and to be submitted not later than twenty days fol. lowing the expiration of the period covered by the report.

(6) The city sealer of weights and measures shall forthwith cn his appointment execute and file an Statutes 1947, Vol. 1, Title XII, Ch. 98Weights and

Measures Continued. official bond, with sureties approved by the appointing power.

(7) Nothing contained in sections 98.01 to 98.16, inclusive, shall be construed as prohibiting cities subject to the provision of this section from enforcing ordinances regulating weights and measures, heretofore or hereafter enacted not in conflict with said sections or the regulations of the department issued in pursuance thereof; nor as prohibiting cities from employing city sealers of weights and measures to perform other public services not inconsistent with their duties as sealers of weights and measures, with or without extra compensation, as determined and fixed by the city; provided, that where such services are rendered to another city department, the cost of such services be charged to the city department receiving same. [1931; last amended 1941.) 1 See footnotes 1, 2, and 3 following Section 98.02, page 1094.

[Ep. Note.-In Wisconsin Statutes 1947, following the foregoing section, it is stated: “City has right to add to duties imposed on sealer of weights and measures that

of testing gas and electric meters. 27 Atty. Gen. 238."] Sec. 98.06. Sealers at large.

In all territory not within cities subject to the provisions of section 98.04 the inspectors of weights and measures appointed or designated by the department shall act as sealers of weights and measures, with like authority and duties as prescribed for city sealers in section 98.04. [1935) Sec. 98.07. Sealer's liability.

If any sealer of weights and measures shall neglect to perform any duty imposed by law or shall prove and seal any weight, measure, scale or beam by any public standard which shall not have been tried, proved and sealed as prescribed by this chapter (Secs. 98.01-98.26] he shall forfeit for each such offense ten dollars. (1935) Sec. 98.08. Police powers of sealers.

(1) There is hereby conferred upon the department, its inspectors, and all sealers of weights and measures, police power; such inspector and sealers shall be provided by the department with suitable badges or insignia of authority and in the exercise of their functions shall exhibit the same, upon demand, to any person questioning their powers, and they are hereby empowered and authorized to make arrests, with or without formal warrant, of any person or persons violating the provisions of any statute relating to weights and measures. [1935] Sec. 98.09. Weight and ton defined; contracts.

When any commodity shall be sold by weight it shall be understood to mean the net weight, and all contracts concerning goods or commodities sold by weight shall be construed accordingly unless such construction would be manifestly inconsistent with

the special agreement of the parties contracting. When any commodity is sold by the ton it shall be understood to mean the net weight of twenty hundred avoirdupois pounds unless such construction would be manifestly inconsistent with the special agreement of the parties contracting. [1935) Sec. 98.10. Dry commodity standards.

(1) Whenever any of the articles or commodities mentioned in this section shall be sold by the bushel, or fractional part thereof, and no special agreement as to the weight thereof shall be made in writing, the measure thereof shall be ascertained by avoirdupois weight, and shall be computed as follows: 1

Pounds per Bushel Wheat Peas

60 Potatoes Clover seed

60 Beans Alfalfa Alsike Indian corn

56 Rye

56 Lima beans

56 Wrinkled peas

56 Flaxseed

56 Rutabagas

56 Tomatoes

56 Sweet potatoes Corn meal

50 Rape seed

50 Millet seed Beets

50 Green cucumbers

50 Rye meal

50 Carrots Buckwheat

50 Hickory nuts

50 Onions Fine salt

50 Barley

48 Peaches

48 Pears

48 Hungarian grass seed

48 Blue grass seed Redtop seed Castor beans

46 Timothy seed

45 Rough rice

45 Hemp seed Parsnips Apples Sea island cotton seed Turnips

42 String beans Green beans

30 Green peas in the pod Spinach

14 Oranges Cranberries Barley malt Dried peaches

33 Oats Onion sets Upland cottonseed Dried apples

25 Bran

20 Shorts

20 Coarse salt

70 Lime

46 Pounds per Bushel Unslaked lime

80 Plastering hair

8 Hemlock bark

2 2,200 For a fractional part of a bushel a like fractional part of the above weights shall be required.

All dry commodities not otherwise specified in this section shall be bought or sold only by standard dry measures, standard weight, or numerical count except where parties otherwise agree in writing. [1935]

1 A slight change has been made in the arrangement for convenience of reference.

2 Pounds per cord. Sec. 98.11. Standard bushel.

The bushel in struck measure shall contain two thousand one hundred fifty and forty-two hundredths cubic inches. The half bushel and the parts thereof shall correspond in capacity to that of the bushel and shall be the standard measure for fruits, vegetables, and other dry commodities customarily sold by heaped measure; and in measuring such commodities, the half bushel or other smaller measure shall be heaped as high as may be without special effort or design. (1935] Sec. 98.12. Milk bottles.

(1) For the sale of milk or cream at retail, no bottle shall be used unless its capacity is one gallon, half gallon, one quart, third quart, one pint, or half pint; every such bottle shall be delivered filled to the bottom of the cap seat, stopple or other designating mark. The following variations on individual bottles may be allowed, but the average contents of not less than 25 bottles selected at random from at least 4 times the number tested must not be in error by more than one-quarter of such tolerances: 8 drams above and 8 drams below on the gallon; 6 drams above and 6 drams below on the half gallon; 4 drams above and 4 drams below on the quart;

3 drams above and 3 drams below on the pint; 2 drams above and 2 drams below on the third quart and on the half pint respectively. When milk or cream is pasteurized in the bottle in which it is to be sold or delivered, such bottle may have a capacity sufficient to permit of the expansion of the contents in the process of heating, but such bottle shall have clearly marked thereon by a line or other designating mark the point to which such bottle is filled when containing the respective capacities provided for in this section, at sixty-eight degrees Fahrenheit (twenty degrees centigrade). The department shall prescribe and adopt such rules and regulations as it may deem necessary to carry out the provisions of this section. Bottles so used shall have clearly blown or otherwise permanently marked in the side of the bottle, the capacity of the bottle and the word "Sealed” and in the side or bottom of the bottle the name, initials or the trade-mark of the manufacturer and designating number, which designating number

shall be different for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the department upon application by the manufacturer, and upon filing by the manufacturer of a bond in the sum of $1,000 with sureties to be approved by the attorney-general, conditioned upon their conformance with the requirements of this section. A record of the bonds furnished, the designating numbers, and to whom furnished, shall be kept in the office of the department.

(2) Any manufacturer who sells milk or cream bottles to be used in this state that do not comply as to capacity and markings with this section shall forfeit $500, to be recovered by the attorney-general in an action against the offender's bondsmen, brought in the name of the state. Any person who uses, for the sale of milk or cream at retail, bottles that do not comply with this section as to markings and ca. pacity, shall be punished by a fine of not more than $100, or by imprisonment not more than six months, or by both such fine and imprisonment.

(3) Sealers of weights and measures are not required to seal bottles for milk or cream marked as in this section provided, but they shall from time to time make tests on individual bottles used by the various firms in the territory over which they have jurisdiction, in order to ascertain whether the above provisions are being complied with, and they shall report violations found immediately to the department. [1935; last amended 1945.] Sec. 98.13. Babcock test.

(1) In the use of the Babcock test all persons shall use only the standard Babcock testing glassware, which complies with the following specifications, to wit:

(a) Milk pipettes shall have a capacity of 17.6 cubic centimeters.

(b) Milk test bottles shall have a calibrated neck with a capacity equivalent to 0.2 cubic centimeters for each one per cent marked thereon; and after January 1, 1948, only bottles with a total per cent graduation of 8 shall be used.

(c) Cream test bottles shall receive a charge of either 9 grams or 18 grams. The 9 gram bottle shall only be used with a 9 gram charge and the 18 gram bottle shall only be used with an 18 gram charge.

The calibrated neck of the 9 gram bottle shall have a capacity equivalent to 0.1 cubic centimeters for each one per cent marked thereon and the calibrated neck of the 18 gram bottle shall have a capacity equivalent to 0.2 cubic centimeters for each one per cent marked thereon.

(d) This section shall not be construed to prohibit the use of the Mojonnier or ether extraction test methods.

(e) No other basis of milk fat measure where milk or cream is purchased by or sold to dairy plants when the value of said milk or cream is determined

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