lars ($300), or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment; and for any subsequent offense, by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the state penitentiary for not exceeding five years, or by both such fine and imprisonment. [1935; last amended 1947.]

1935 Statutes Annotated, Vol. 3, Ch. 69, Art. 1Food.

Sec. 2. Offenses; penalty.

It shall be unlawful for any person to manufacture, or sell, or expose for sale, or deliver, or give away, or ship, or offer for shipment, within this state, any article of food, or drug, which is adulterated, or misbranded, within the meaning of sections 2 to 11 of this chapter [Secs. 1-124], except as such article may be in the original package and the subject of interstate commerce under the federal jurisdiction; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be punished by a fine of not exceeding five hundred dollars, or by imprisonment of not exceeding one year, or by both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment for one year, or by both such fine and imprisonment in the discretion of the court. But no article shall be deemed misbranded or adulterated within the provisions of sections 2 to 11 of this chapter when intended for export to any foreign country and prepared, or packed, according to the specifications or directions of the foreign purchaser, ; but if said article shall be in fact sold, or exposed for sale, or delivered, or given away, or shipped or offered for shipment, for use or consumption within this state, then this provision shall not exempt said article from the operation of any of the provisions of sections 2 to 11 of this chapter. [1908; last amended 1921.]

Sec. 3. Rules and regulations.

The state board of health shall make uniform rules and regulations for carrying out the provisions of sections 2 to 11 of this chapter [Secs. 1-124],

*. But such rules and regulations shall not be more stringent than, nor conflict with, the rules and regulations adopted, or which may hereafter be adopted, for the enforcement of the food and drugs act of the United States, approved June 30, 1906,1 regulating the misbranding or adulteration, of drug or food products for interstate commerce. [1907]

1 This act has been superseded by the Federal Food, Drug and Cosmetic Act of June 25, 1938, 21 U.S.C. 301 et seq., 52 Sts. at L. 1040 et. seq.

888243-51-11

Sec. 6. Definition of food.

The term "food," as used in sections 2 to 11 of this chapter [Secs. 1-124], shall include all articles used for food, drink, confectionery, or condiment, by man or other animals, whether simple, mixed or compound. [1907]

Sec. 8. When food deemed misbranded.

For the purposes of sections 2 to 11 of this chapter [Secs. 1-124] an article shall also be deemed to be misbranded:

In case of food:

Third-if in package form and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package. [1907]

Sec. 9. Guaranty protection.

No dealer shall be prosecuted under the provisions of sections 2 to 11 of this chapter [Secs. 1-124] when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other person residing in this state, from whom he purchased any article in question, to the effect that the same is not adulterated or misbranded. Such guaranty, to afford protection, shall contain the name and address of the person making the sale of such article to such dealer, and in such case said person shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of sections 2 to 11 of this chapter. [1907]

Sec. 10. Seizure and confiscation.

Any article of food, drug, or liquor, that is adulterated, or misbranded, within the meaning of sections 2 to 11 of this chapter [Secs. 1-124], that is manufactured, or sold, or exposed for sale, or delivered, or given away, or shipped, or offered for shipment, within this state, together with its box, bottle, can, or other container, except as such article may be in the original package and the subject of interstate commerce under the federal jurisdiction, is hereby declared to be a nuisance, and shall be abated upon a complaint, hearing and judgment, or order, of court in a proceeding in the district court, of the district where such article of food, drug or liquor, is found, by seizure and confiscation for destruction or sale. [1907]

1935 Statutes Annotated, Vol. 3, Ch. 69, Art. 9Standard Containers for Fruits and Vegetables.

Sec. 65. Standard packages.

The director [director of markets 1]

may provide for standard packages for all fruits and

1935 Statutes Annotated, Vol. 3, Ch. 69, Art. 9— Standard Container for Fruits and VegetablesContinued.

vegetables except potatoes but no standard packages shall be eliminated or changed without two years' notice to the industry involved. [1931]

1 Now Commissioner of Agriculture. See Laws 1949, Ch. 100, Sec. 9, page 162.

Sec. 67. Rules and regulations for marking of containers.

The director [director of markets 1] is hereby authorized to promulgate such rules and regulations relative to the proper marking of containers, of all fruits and/or vegetables, as pro'vided in section 842 of this chapter [Secs. 1–124]. [1931]

1 Now Commissioner of Agriculture. See Laws 1949, Ch. 100, Sec. 9, page 162.

2 The fruits and vegetables mentioned in section 84 are as follows: peaches, cantaloupes, honeydew melons, honeyball melons, watermelons, head lettuce, broccoli, cauliflower, green peas, potatoes, onions, cabbage, and spinach.

provided by this subdivision shall be deemed guilty of a misdemeanor. Any person convicted under this subdivision shall be punished by the revoking of his license by the director and by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment in the discretion of the court. [1931]

1 Now Commissioner of Agriculture. See Laws 1949, Ch. 100, Sec. 9, page 162.

1935 Statutes Annotated, Vol. 3, Ch. 90, Art. 10Unit of Measurement of Flowing Water.

Sec. 214. Cubic foot per second.

The state engineer shall use in all his calculations, measurements, records and reports, the cubic foot per second as the unit of measurement of flowing water, and the cubic foot as the unit of measurement of volume. [1889; last amended 1908.]

1947 Supplement to 1935 Statutes Annotated, Vol. 4, Ch. 106, Art. 3-"The Colorado Agricultural Marketing Act of 1939."

keting agreement or order issued, adopted or promulgated under authority of this article. [1939; last amended 1941.]

1 Now Commissioner of Agriculture. See Laws 1949, Ch. 100, Sec. 9, page 162.

Sec. 56. Penalty for violations.

1

B. Every person who violates any provision of this article [Secs. 46-63] or any provision of any marketing order duly issued by the director 1 hereunder, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment for not less than ten days nor more than six months, or by both such fine and imprisonment. Each day during which any of the violations above referred to continue shall constitute a separate offense. [1939]

1 Now Commissioner of Agriculture. See Laws 1949, Ch. 100, Sec. 9, page 162.

Sec. 62. Exceptions.

The provisions of this article [Secs. 46-63] shall not be applicable to retailers of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agricultural commodities as defined in this article. [1939]

1935 Statutes Annotated, Vol. 4, Ch. 110, Art. 8Weighing of Coal at Mines.

Sec. 101. Scales; testing; weights certified.

It shall be the duty of every corporation, company or person engaged in the business of mining and selling by weight, to procure and constantly keep on hand, at the proper place, the necessary scales and whatever else may be necessary to correctly weigh the coal mined and taken out by the workmen or miners of such corporation, company or person, and it shall be the duty of the inspector of weights and measures of each county, in which the coal is mined and sold, to visit each coal mine operated therein, once each year, unless oftener requested by the owner or the miners, to test the correctness of the scales. If in any county there is no inspector of weights and measures, then the deputy inspector of coal mines of the district in which the mine is located, shall be required to test the correctness of such scales within a reasonable time after application is made by either the owner or the miners. All weights necessary for testing and adjusting scales shall be duly certified and shall be provided by the owner. [1913]

Sec. 102. Manner of weighing coal.

All coal mined on a tonnage basis shall be weighed in the car or other receptacle in which it is removed from the mine before it is screened, or

before it passes over, or is dumped upon any screen or any other device which may let, or be capable of letting a portion of the coal drop through such screen or device, and the miner shall be paid for the mining of such coal according to the weight so ascertained at such price per ton of two thousand pounds as may be agreed upon by and between such owner and miner or miners who mine the same, except that where coal is mined from pitching veins the miners shall be paid upon a yardage basis, except when otherwise agreed to between owner and miner. [1913; last amended 1929.]

Sec. 103. Check weighman: Election; duties.

Hereafter at each coal mine, at the option of the majority of miners working on a tonnage basis therein, there shall be employed from among the employees of said mine one or more check weighmen, whose wages shall be paid by the miners therein employed on a tonnage basis.

The duties of such check weighman shall be to see that all coal mined in the mine at which he is employed, is correctly weighed and accredited, and for that purpose every such aforesaid owner shall give to such check weighman access to all scales and weights used for that purpose and to all books wherein the weights of the coal mined by the miners of said mines are recorded. The owner shall provide a convenient and suitable office on the tipple for weighing coal, which said office shall be kept in a comfortable and sanitary condition. [1913; last amended 1929.].

1935 Statutes Annotated, Vol. 4, Ch. 110, Art. 11False Weighing of Ore.

Sec. 247. Ore Dealers: False weights and scales; penalty.

Any person, association or corporation, or the agent of any person, association or corporation engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, as aforesaid, who shall keep or use any false or fraudulent scales or weights for weighing ore, or who shall keep or use any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, every person so of fending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding one thousand (1,000) dollars, nor less than one hundred (100) dollars, or imprisonment not more than one year, or both, at the discretion of the court. [1877]

Sec. 261. Same: Bond.

Each application shall be accompanied by a bond to be approved by the said secretary of state to the people of the state of Colorado in the penal sum of three thousand dollars ($3,000.00), with two or more sufficient sureties, and conditioned that the obligor will not violate any law relating to such business. If any person shall be aggrieved by the

1935 Statutes Annotated, Vol. 4, Ch. 110, Art. 11— False Weighing of Ore-Continued. misconduct of any such licensee through his violation of any law relating to such business, and shall recover a judgment therefore, such person may, after a return unsatisfied in whole or in part of any execution issued upon said judgment, maintain an action in his own name upon such bond herein required in any court of competent jurisdiction. The secretary of state shall furnish to anyone apply. ing therefor a certified copy of any such bond filed with him, upon the payment of a fee of twenty-five cents, and such certified copy shall be prima facie evidence in any court that such bond was duly executed and delivered by each person whose name appears thereon. [1915]

1 This refers to an application for a license to engage in the business referred to in section 247, which application is made to the secretary of state as provided in section 260, this section not being included in this publication.

Sec. 266. Same: Penalty for violations.

Any violation of this subdivision [Secs. 259-267] shall be deemed a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not less than thirty days or more than six months or both such fine and imprisonment. [1915]

1947 Supplement to 1935 Statutes Annotated, Vol. 4, Ch. 118, Art. 1-Fuel Products. Sec. 1. Definitions.

(a) "Person" as used in this article [Secs. 1-37] means an individual, trust or estate, partnership, association, joint stock company or corporation, and any receiver by law appointed.

(b) "Fuel products" as used in this article means and includes all gasoline, benzine, benzene, naphtha, benzol, kerosene, and other volatile and inflammable liquids, produced, compounded, and offered for sale or used for the purpose of generating heat, light, power in internal combustion engines, cleaning, or for any other similar or like usage. [1931; last amended 1941.]

Sec. 2. Classification.

In furtherance of the purposes of this article [Secs. 1-37] all "fuel products" as defined in section i (b) shall be divided into three classifications, as follows:

Class A. Gasoline, benzine, benzene, naphtha, and benzol.

Class B. Kerosene.

Class C. All other "fuel products" as defined in section 1 (b) and not included in either class A or B.

Fuel products included in class C as defined in this article shall be subject to inspection. [1931; last amended 1941.]

Sec. 16. Compartments on tank trucks; capacity measure.

(b) The state inspector of oils shall measure the capacity of each compartment of every transport, tank, truck, or delivery truck to determine the accurate capacity thereof, and said capacity shall be printed or stenciled on each compartment in letters not less than one inch in height. [1931; last amended 1943.]

Sec. 23. Sealing of measuring devices.

No person or agent or employee of any person, shall use any motor [meter] or mechanical device for the measurement of oil or gasoline unless the same has been sealed as correct and the sealing approved by the state inspector of oils or one of his deputies in writing. Any person, or agent or employee of any person, who shall change or in any way tamper with the said seal shall be subject to the penalties hereinafter provided. [1931; last amended 1941.]

Sec. 26. Penalty for violations.

Any person, firm, or corporation or any officer, agent, servant or employee thereof, who shall violate any provision of this article [Secs. 1-37] shall be deemed guilty of a misdemeanor and fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00), or be imprisoned not more than ninety (90) days, or shall suffer both such fine and imprisonment, and each separate sale or attempt to sell in violation of the provisions of this article shall be deemed a separate offense. [1931; last amended 1941.]

1935 Statutes Annotated, Vol. 4, Ch. 128, Art. 3, Secs. 11 to 16-Eggs.

[ED. NOTE.-These sections comprise requirements for the grading of eggs including minimum weights per dozen for the several grades, and as they relate primarily to quality they are not given in detail in this publication.] 1935 Statutes Annotated, Vol. 4, Ch. 134, Art. 3— Ton Measure for Coal Mined on Public Lands. Sec. 84. Ton defined.

Any person, association, copartnership or corporation leasing and operating coal lands under the provisions of this article [Secs. 44-88] shall pay to the deputy register of the state board of land commissioners a minimum price of not less than fifteen (15) cents for each and every ton of coal mined from said lands, *. The term ton, as herein used, means twenty-seven (27) cubic feet of coal, measured in solid, and shall be ascertained by the measurements of the space from which the coal is mined, deducting therefrom all spaces occupied by slate or other impurities, such measurements shall be made by the mineral department, according to the provisions of this article; provided, however, that when possible and when the state board of land

(a) The commission shall have power, after hearing had upon its own motion or upon complaint, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished, imposed, observed and followed by all electrical, gas, and water public utilities; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement and weighing; and to provide for the examination and testing of any and all appliances used for the measurement or weighing of any product, commodity or service of any such public utility.

(c) Any consumer or user of any product, commodity or service of a public utility may have any appliance used in the measurement thereof tested upon paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for testing such appliances on the request of the consumer or user, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance is found defective or incorrect to the disadvantage of the consumer or user, under such rules and regulations as may be prescribed by the commission. [1913] 1935 Statutes Annotated, Vol. 4, Ch. 160, Art 14Commercial Feeding Stuffs.

Sec. 213. Definition.

For the purposes of this Act the term "commercial feeds" shall mean and include all materials used for feeding animals or birds, except for the following:

(a) Unmixed whole seeds or grains, as defined by U. S. grain standards;

(b) The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, and other seeds or grains;

(c) Feeds that are ground and mixed for or by a

feeder according to his specific direction and delivered directly to him for his sole use and not for distribution;

(d) Whole hays, straws, sugar beet by-products, ensilage, and cane molasses when unmixed with other materials. [1929; last amended 1949.] Sec. 214. Marking requirements.

Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this state, shall have printed on the container in a conspicuous place on the outside thereof, or on a tag attached thereto, a legible statement in the English language clearly and truly certifying:

(a) The net weight of the contents of the package, lot or parcel; [1929]

Sec. 223. Violations; penalty; seizure.

Any manufacturer, importer, jobber, firm, association, corporation, or person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said director [director of markets 1] or his authorized agent in the performance of his duty in connection with the provisions of this article [Secs. 213-225], or who shall sell, offer or expose for sale or distribute in this state any commercial feeding stuffs as defined in section 213 of this chapter [Secs. 1-225] without complying with the requirements of the provisions of this article, shall be deemed guilty of a violation of the provisions of this article 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, and in addition to the penalty provided in this section, the lot of feeding stuffs shall be subject to seizure and condemnation and sale as the court may direct; the proceeds from such sale and all penalties recovered under this article shall be paid to the director. The court may in its discretion release the feeding stuffs so seized when the requirements of the provisions of this article have been complied with, and upon payment of all costs and expenses incurred by the state in any proceedings connected with such seizure. [1929]

1 Now Commissioner of Agriculture. See Laws 1949, Ch. 100, Sec. 9, page 162.

Sec. 225. Enforcement officer; rules and regulations.

The said director [director of markets 1] is hereby empowered to enforce the provisions of this article [Secs. 213-225], and to prescribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as he may deem necessary to carry into effect the lawful intent and meaning of this article. [1929]

1 Now Commissioner of Agriculture. See Laws 1949, Ch. 100, Sec. 9, page 162.