Compiled Statutes 1945 Annotated, Vol. 3, Ch. 39, Art. 10-Weights and Measures. Sec. 39-1001. Standards. The standards of weights and measures in this state shall be those recognized or furnished by the United States. [1921] Sec. 39-1002. Same: Verification. In addition to the state standards of weights and measures, there shall be supplied by the state such other weights, measures and apparatus as may be found necessary to carry out the provisions of this Act [Secs. 39-1001-39-1015], to be known as working standards. Such weights, measures and apparatus shall be verified by the state superintendent of weights and measures, or his authorized assistants, at his direction, upon their initial receipt and at least once in each year thereafter, by comparison with the state standards. When found accurate upon these tests the working standards shall be sealed by stamping on them the letter "W" and the date with seals which the state superintendent of weights and measures shall have and keep for that purpose. The state standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the state superintendent of weights and [1921] measures. Sec. 39-1003. Superintendent of weights and measures. The commissioner of agriculture shall be exofficio state superintendent of weights and measures. He shall take charge of the standards adopted by this Act [Secs. 39-1001-39-1015] as the standards of the state, and cause them to be kept in a safe and suitable place, from which they shall not be removed except for repairs or for certification and he shall take all other necessary precautions for their safe keeping. He shall maintain the state standards in good order and shall submit them at least once in ten [10] years to the national bureau of standards for certification. He shall keep a complete record of the standards, balances, and other apparatus belonging to the state and take receipt for same from his successor in office. He shall annually, on the last day of September, make to the governor a report of all work done by his office. [1921] Sec. 39-1004. Duties of superintendent. The state superintendent of weights and measures shall have and keep a general supervision of the weights, measures, and weighing and measuring devices, offered for sale, sold, or in use in the state. When not otherwise provided by law the state superintendent of weights and measures shall have the power, and it shall be his duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing and measuring devices kept, offered or exposed for sale, sold, or used or employed by any proprietor, agent, lessee, or employe in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted by such person or persons for sale, hire, or award, 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 offered for sale or sold in a manner in accordance with law. He shall as often as he may deem necessary see that all weights, measures, weighing or measuring devices used are correct. He may for the purpose above mentioned, and in the general performance of his official duties, enter or 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 dealer whatsoever, and require him, if necessary, to proceed to some place which the state superintendent of weights and measures may specify, for the purpose of making the proper tests. Whenever the state superintendent of weights and measures finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. [1921] Sec. 39-1005. Sealing. Whenever the state superintendent of weights and measures compares weights, measures, or weighing or measuring devices and finds that they correspond or cause 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. [1921] Sec. 39-1006. Condemnation of incorrect weights and meas ures. The state superintendent of weights and measures 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 may be repaired, he shall mark or tag as “condemned for repairs." The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made, shall have the same repaired or corrected within ten [10] days, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the state superintendent of weights and measures. 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 state superintendent of weights and measures. [1921] Sec. 39-1007. Police powers. The state superintendent of weights and measures, and his authorized assistants, are hereby made special policemen, and are authorized and empowered to arrest, without formal warrant, any violator of the statutes in relation to weights and measures, and to seize for use as evidence, without formal warrant, any false or unsealed weight, measure, or weighing or measuring device or package, or amounts of commodities found to be used, retained, or offered or exposed for sale or sold in violation of law. [1921] Sec. 39–1008. Interference with superintendent; penalty. Any person who shall hinder or obstruct in any way the state superintendent of weights and measures, or his authorized assistants, in the performance of their official duties shall be guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine of not less than twenty dollars ($20.00) or more than one hundred dollars ($100.00) or by imprisonment in the county jail for not more than three [3] months or by both such fine and imprisonment. [1921] Sec. 39–1009. Impersonation of superintendent; penalty. Any person who shall impersonate in any way the state superintendent of weights and measures, or his authorized assistants, by the use of his seal or the counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than one year or by both such fine and imprisonment. [1921] Sec. 39-1010. Sale by net 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 acccordingly. Whenever the weight of a commodity is mentioned in this Act [Secs. 39-1001-39-1015] it shall be understood and construed to mean the net weight of the commodity. [1921] Sec. 39–1011. Standard weights per bushel; measurement of hay. All commodities hereinafter named in this section shall be sold either by the bushel or by weight, and when sold by the bushel, the bushel shall consist of the number of pounds hereinafter stated; and whenever such commodities [as] are hereinafter named are sold in the subdivisions of the bushel, the number of pounds in such subdivision of the bushel shall consist of the fractional part of the number of Unless otherwise agreed to between the contracting parties, the following shall constitute the legal measurement for hay in stack in the state of Wyoming: Four hundred and twenty-two (422) cubic feet shall constitute a ton of clean, native blue joint hay, after thirty (30) days' up to three (3) months' settlement in stack. As to all other kinds of hay, after the same shall have been settled in stack from sixty (60) days and up, five hundred and twelve (512) cubic feet shall constitute a ton of alfalfa or rough slough grass, after the same shall have been in the stack thirty (30) days and up to one (1) year. Four hundred and fifty (450) cubic feet shall constitute a ton of clean timothy and clover, after the same shall have been in the stack thirty (30) days, and up to one (1) year. For making measurements of hay in stack, the following is hereby made the legal method of measurement, to wit: The width and length of the stack shall be measured, and the distance from the ground against one side of the stack to the ground against the other side of the stack, directly over and opposite, shall be taken in linear feet and inches, and then the width shall be subtracted from the measurement over the stack, as above indicated, the result divided by two [2] and the result so obtained multiplied by the width, and the result thus obtained multiplied by the length, which will give the number of cubic feet contained in the stack, and the tonnage shall thereupon be determined by dividing the total number of cubic feet by the number of cubic feet allowed under the provisions of this section for a ton. [1921] Sec. 39-1012. Weighmasters: Appointment; weight certificates; fee; penalty. It shall be the duty of the county commissioners to see that every city and town in their county containing two thousand [2,000] or more inhabitants, Compiled Statutes 1945 Annotated, Vol. 3, Ch. 39, Art. 10-Weights and Measures-Continued. is provided with public scales for the weighing of coal, hay and other merchandise sold by weight, and that every city and town council in the respective counties shall appoint a city or town weighmaster, whose services shall be paid for by the city or town appointing such weighmaster. It shall be the duty of every vendor of coal, hay and other merchandise sold in bulk, and of the agents and employes of such vendor, to cause such coal, hay and other merchandise to be weighed and a statement of such weight to be delivered to the purchaser with the article so weighed. Where such coal, hay or other merchandise is weighed on a public or city scale, the weighmaster shall charge for every such certificate of weight a fee of ten cents [104], which shall be paid by the vendor or producer, and shall by said weighmaster be turned into the treasury of the city or town by which he was appointed. Any person failing to comply with this requirement for weighing coal, hay or other merchandise, or failing to deliver the certificate of weight as aforesaid, shall on conviction be punished by a fine of not less than ten dollars [$10.00] nor more than one hundred dollars [$100.00] for each offense. [1921]. Sec. 39-1013. Rules and regulations by superintendent. The state superintendent of weights and measures shall establish uniform tolerances or reasonable variations to take care of unavoidable shrinkage, and of scale variations in handling and weighing of any of the articles mentioned in this Act [Secs. 39-100139-1015], and shall adopt such rules and regulations as he may deem necessary to carry out the provisions of this chapter [article], and he may change, modify, or amend any or all rules and regulations whenever deemed necessary, and the rules and regulations so made shall have the force and effect of law. [1921] Sec. 39-1014. Violations; penalty. Any person, who by himself or his servant or agent, or as the servant or agent of another person shall offer or expose for sale, sell, use in the buying or selling of any commodity or thing, or for hire or award, or retain in his possession a false weight or measure, or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed by the state superintendent of weights and measures, or his authorized assistants, at his direction; or shall sell or offer or expose for sale less than the quantity he represents, when as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of commodity is determined, or who shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to law; or who shall violate any provision of this Act [Secs. 39-1001-39-1015], for which a specific penalty has not been provided, or who shall sell or offer for sale, or use or have in his possession for the purpose of selling or using any device or instrument to be used to, or calculated to, falsify any weight or measure or any weighing or measuring device; shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty dollars ($20.00) or more than two hundred dollars ($200.00), or by imprisonment for not more than three (3) months, or by such fine and imprisonment, upon a first conviction in any court of competent jurisdiction; and upon a second or subsequent conviction in any court of competent jurisdiction, he shall be punished by a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00), or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. [1921]. Sec. 39-1015. Definitions. The word "person" as used in this Act [Secs. 39-1001-39-1015], shall be construed to import both the singular and plural, as the case demands, and shall include corporations, companies, societies and associations. The words "weights, measures or (and) weighing or (and) measuring devices" as used in this Act 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. The word "sell" or "sale" as used in this act shall be construed to include barter and exchange. [1921] Compiled Statutes 1945 Annotated, Vol. 2, Ch. 29, Art. 3-Cities of the First Class. Sec. 29-330. Power to regulate weights and measures. They [cities of first class 1] shall have power to purchase and own grounds for and to erect and establish and regulate markets and scales; to establish and regulate standard weights and measures; to regulate the weighing and measuring of every commodity sold in this city; to provide for the inspection and weighing of hay, grain and coal, the measuring of wood and fuel to be used in the city; and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale, hay, coal and wood, and to fix the fees and duties of persons authorized to perform such duties. [1909] 1 All cities having more than 4,000 inhabitants are cities of the first class. Compiled Statutes 1945 Annotated, Vol. 1, Ch. 9, Every person who, in putting up in any bag, bale, box, barrel or other package, any hops, cotton, wool, grain, hay or other goods usually sold in bags, bales, boxes, barrels or other packages by weight, puts in or conceals therein anything whatever for the purpose of increasing the weight of such bag, bale, box, barrel or package, and thereby defrauding the purchaser, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not to exceed one hundred dollars [$100.00]. [1884] Sec. 9-912. Using false weights for weighing gold or other commodities. If any person shall knowingly have, keep, or use any false or fraudulent scales or weights for weighing gold or gold dust, or any other article or commodity, every person so offending, shall, on conviction, be fined not exceeding five hundred dollars [$500.00], or imprisonment in the county jail not exceeding six [6] months. [1876] Sec. 9-915. Using false weights for weighing grains. If any person shall knowingly sell by false weights or measures, or shall knowingly use false weights or measures at any threshing machine, or at any mill, in taking toll for grinding or threshing corn, wheat, rye or other grain and seeds, he shall be deemed a common cheat and shall be fined not more than one hundred dollars [$100.00], and shall be imprisoned in the county jail not exceeding six [6] months. [1876] Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34, The term "Commercial Feeding Stuffs" shall be held to include all feeding stuffs and mineral mixtures used for feeding live stock and poultry, except whole seeds or grains and except custom grinding, custom mixing or custom pelleting; the unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, buckwheat, kaffir and milo; whole hays, straws, cotton seed hulls and corn stover when unmixed with other materials and all other materials containing sixty per cent (60%) or more of water. [1917; last amended 1949.] Sec. 34-902. Marking requirements. Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this state except mineral mixtures shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying: (a) The net weight of the contents of the package, lot or parcel; Every lot or parcel of mineral mixtures as used for live stock and poultry feeding, coming under the heading of commercial feeding stuffs, which is sold, offered or exposed for sale or distributed within this state shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing 888243-51-71 a legible and plainly printed statement in the English language clearly and truly certifying: (a) the net weight of the contents of the package, lot or parcel; [1917; last amended 1949.]] Sec. 34-909. Violations; penalty. Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or distribute in this state, any commercial feeding stuffs, without having attached thereto or furnished therewith such stamps, labels or tags as required by the provisions of this Act [Secs. 34-901-34-910], or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said Commissioner of Agriculture or his authorized agent in the performance of his duty in connection with the provisions of this Act, or who shall sell, offer or expose for sale, or distribute in this state any commercial feeding stuffs as defined in Section 1 [Section 34-901], without complying with the requirements of the provisions of this Act, shall be deemed guilty of a violation of the provisions of this Act and upon conviction thereof shall be fined not more than one hundred dollars ($100.00) for the first violation and not less than one hundred dollars ($100.00) for each subsequent violation. [1917] Sec. 34-910. Enforcement; rules and regulations. The Commissioner of Agriculture is hereby empowered to enforce the provisions of this Act. [Secs. 34-901-34-910] and to prescribe the form of tags, stamps or labels to be used to show that the registration has been properly filed, and to prescribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as he may deem necessary, and adopt such standards and definitions, to carry into effect the full intent and meaning of this Act. [1917] Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34, Art. 10-Livestock Remedies. Sec. 34-1001. Definitions. The term "livestock remedy" shall be held to include all condimental feeds, medicated stock foods, medicinal stock foods, stock food tonics, stock powders, condition powders, conditioners, animal regulators, proprietary medicines, or other preparations of like nature in either solid or liquid form used for any animal except man and administered either internally or externally for their stimulating, invigorating, curative, or other powers. [1929; last amended 1949.] Sec. 34-1002. Registration. Before any manufacturer, importer, jobber, firm, association, corporation, or person shall sell, offer or expose for sale, or distribute in the state of Wyoming any live stock remedy he shall file for |