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1935 Statutes Annotated, Vol. 4, Ch. 166—Transient

Dealers.

cooperation with the United State Department of Agriculture, to establish and promulgate standard grades and other standard classifications of and for agricultural products, except milk or milk products for fluid consumption.

Sec. 1. Transient dealer defined.

The term “transient dealer," for the purpose of this chapter [Secs. 1-13), shall mean and include any person, either principal or agent, who engages in the business of traveling about carrying or conveying with him for sale and selling manufactured goods, manufactured wares or manufactured merchandise, so carried or conveyed with him for sale, and it shall also include peddlers and hawkers of manufactured goods, manufactured wares and manufactured merchandise. [1911) Sec. 11. Short weight or measure; penalty.

no "transient dealer" shall commit any fraud in the transaction of his business as a “transient dealer," sell any manufactured goods, wares or merchandise by any false or short weight or measure,

*. And

every person who shall be convicted of a violation of any provision of this section shall be punished by a fine of not less than ten (10) dollars, and not more than one hundred (100) dollars, or by imprisonment in the county jail for not less than ten (10) days, and not more than one (1) year, or by both such fine and imprisonment. [1911] Laws 1949, Ch. 100—"State Department of Agri

culture Act of 1949.

(13) To determine for the protection of owners, buyers, creditors or other interested parties the validity of warehouse receipts for any such products by verifying quantities, grade and classification thereof.

(14) To enforce the state laws or regulations relating to fruit and vegetable inspection and grading;

the registration, inspection and analysis of commercial feeding stuffs;

the inspection of warehouses

*; the inspection of commercial fertilizers: (17) To promulgate rules and regulations for

the governing of milk or cream weighing and testing operations; to enforce such rules and regulations,

(1949) Sec. 7. Commissioner of Agriculture.

(1) The administrative and executive head of the State Department of Agriculture shall be the Commissioner, which office is hereby created. The Commissioner shall be appointed by the Governor, subject to the constitution and laws of the state, on recommendation of the commission State Agricultural Commission).

(2) The office of director of agriculture is hereby abolished and all powers and duties of said director of agriculture are hereby transferred to the Department of Agriculture to be exercised by the Commissioner. [1949) Sec. 9. Transfer of functions.

(a) The Director of Agriculture and the Director of Markets. Wherever in the statutes the words and phrases "director" or "director of markets" or "director of agriculture" are used, the same shall mean Commissioner of Agriculture or his duly authorized representative, and all powers and duties vested in said director, or director of markets or director of agriculture, are hereby transferred to the Department of Agriculture, to be exercised by the Commissioner or his duly authorized representative. Specifically, the foregoing transfers shall be made effective in the following chapters and subdivision:

Sec. 2. Definitions.

(a) “Department” means the State Department of Agriculture.

(d) "Commission" means the State Agricultural Commission.

(e) “Commissioner" means the Commissioner of Agriculture. [1949)

Sec. 3. State Department of Agriculture: Creation.

There is hereby created, as an administrative department in the executive branch of the state government, a State Department of Agriculture, hereinafter referred to as the department. [1949)

Sec. 4. Same: Powers and duties.

The Department shall have and exercise the following functions, powers and duties.

(6) To foster and encourage the standardizing, grading, inspection, labeling, handling, storage and marketing of agricultural products. And, after investigation and public hearings thereon, acting in

Chapter 66, Session Laws of Colorado, 1939, cited as the Colorado Agricultural Marketing Act of 1939, and Chapter 4, Session Laws of Colorado, 1941.

Sections 60 to 124, Chapter 69, 1935 Colorado Statutes Annotated, Chapters 131, 132 and 133, Session Laws of Colorado, 1941, Ch. 100, Session Laws of Colorado, 1943, and Chapter 128, Session Laws of Colorado, 1945, relating to fruit and vegetables, inspection and grading,

Sections 213 to 225, Chapter 160, 1935 Colorado Statutes Annotated, relating to commercial feeding stuffs,

The office of director of markets is hereby abolished and all powers and duties vested in said office shall be transferred to the Department of Agriculture to be administered as the Commissioner may direct.

affixed to the container in written or printed form the net weight,

either on tags affixed to the end of the package or directly on the package.

(b) If distributed in bulk, a written or printed statement of the net weight

shall accompany delivery and be supplied to the purchaser. (1949)

(c) The State Dairy Commissioner. All rights, powers, and duties now vested in the dairy commissioner by the provisions of Chapter 49, 1935 Colorado Statutes Annotated, are hereby transferred to the Department of Agriculture, to be administered as the Commissioner of Agriculture may direct. The office of State Dairy Commissioner is hereby abolished. Wherever in the law, the term dairy commissioner is used, it shall mean Chief of the Dairy Section. (1949)

Laws 1949, Ch. 107—“Commercial Fertilizer Law

of 1949." Sec. 2. Enforcement.

This Act (Secs. 1-22] shall be administered by the Commissioner of Agriculture, hereinafter referred to as the “commissioner”, or by his duly authorized representatives. [1949) Sec. 3. Definitions.

(a) The term fertilizer material means any substance containing water-soluble Nitrogen, available Phosphoric Acid, or water-soluble Potash used primarily as a plant nutrient and for compounding mixed fertilizer except unmanipulated animal and vegetable manures.

(b) The term mixed fertilizer means only watersoluble Nitrogen, available Phosphoric Acid or water-soluble Potash in a combination of mixture.

(c) The term commercial fertilizer includes mixed fertilizers only of Nitrogen, Phosphoric Acid and Potash quality, either singly or in combination.

Sec. 10. What constitutes misbranding.

A commercial fertilizer or soil amendment is misbranded if it carries any false or misleading statement upon or attached to the container, or if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter associated with the commercial fertilizer or soil amendment. (1949) ) Sec. 13. Short weight; penalty.

If any commercial fertilizer or soil amendment in the possession of the consumer is found by the commissioner to be short in weight, the registrant of said commercial fertilizer or soil amendment shall, within thirty days after notice from the commissioner, pay to the consumer a penalty equal to four times the value of the actual shortage. [1949] Sec. 15. Stop sale orders.

The commissioner may issue and enforce a written or printed "Stop Sale, Use, or Removal" order to the owner or custodian of any lot of commercial fertilizer or soil amendment, and to hold at a designated place, when the commissioner finds said commercial fertilizer or soil amendment is being offered or exposed for sale in violation of any of the provisions of this Act (Secs. 1-22]. The commissioner shall release the commercial fertilizer, so withdrawn, when the requirements of the provisions of this Act have been complied with, and all costs and expenses incurred in connection with the withdrawal have been paid. [1949] Sec. 16. Seizure.

Any lot of commercial fertilizer, or soil amend. ment, not in compliance with the provisions of this Act (Secs. 1-22] shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the district in which said commercial fertilizer or soil amendment is located. (1949) Sec. 17. Penalties for violations.

Any person, firm or corporation who shall violate any of the provisions of this Act (Secs. 1-22] or the rules and regulations issued thereunder shall be deemed guilty of a violation of the provisions of this Act and upon conviction thereof shall be fined not less than one hundred ($100) dollars for the first violation and not less than one hundred ($100)

(e) The term soil amendment means any material applied to the soil for purposes of changing soil alkalinity or acidity, or exchangeable base percentages or to increase trace element potentials. The purposes for which intended must be stated on the package or bag, together with the printed phrase not sold as a fertilizer.

(1949] Sec. 5. Marking requirements.

(a) Any commercial fertilizer or soil amendment offered for sale or distributed in this State in bags, barrels, or other containers shall have placed on or

Laws 1949, Ch. 107—"Commercial Fertilizer Law of

1949"-Continued. dollars or more than five hundred ($500) dollars for each subsequent violation. [1949] Laws 1949, Ch. 111—"Colorado Anti-Freeze Act." Sec. 1. Definition.

(a) "Anti-freeze" shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point;

(1949) Sec. 4. When deemed misbranded.

Anti-freeze shall be deemed to be misbranded:

(a) If its labeling is false or mis-leading in any particular; or

(b) If in package form it does not bear a label containing

an accurate statement of the quantity of the contents in terms of weight or measure on the outside of the package. [1949] Sec. 5. Enforcement.

The State Inspector of Oils shall enforce the provisions of this Act (Secs. 1-14] by inspections, chemical analysis, or any other appropriate methods.

(1949] Sec. 11. Penalties for violations.

If any person, partnership, corporation, or association shall violate the provisions of this Act (Secs. 1-14), or fail to comply with any of the provisions of this Act, such person, partnership, corporation or association shall be deemed guilty of a misdemeanor and, upon conviction shall be fined any sum not less than $50.00, and not exceeding $300.00 for each offense. (1949) Laws 1949, Ch. 240—Livestock Sales Rings. Sec. 2. Definitions.

Sec. 10. Scales.

All scales used in the operation of livestock sales rings shall come under and be controlled by Colorado's weights and measures laws. [1949] 1935 Statutes Annotated, Vol. 2, Ch. 48–False

Weights and Measures.
Sec. 314. False weights and scales: Penalty.

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 such person so offending shall, on conviction, be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months. [1868] Sec. 315. False grain measures: Penalty.

If any person shall knowingly sell by false weights or measures, or shall knowingly use false measures at any mill, in taking toll for grinding corn, wheat, rye or other grain, he shall be deemed a common cheat, and on conviction shall be fined not less than two hundred dollars and be imprisoned in the county jail not exceeding three months. (1868] 1935 Statutes Annotated, Vol. 2, Ch. 48—False Ad

vertising

(a) The term "livestock” shall mean and include horses, mules, cattle, burros, swine, sheep, goats and poultry.

(b) The term "Livestock Sales Ring" when used in this Act (Secs. 1-21] shall mean any place, establishment or facility commonly known as a "livestock sales ring" conducted or operated for compensation or profit as a livestock sales ring, consisting of pens, or other enclosures and their appurtenances, in which live horses, mules, cattle, burros, swine, sheep, goats and poultry are received, held or assembled for either public or private sale. The person, partnership or corporation owning or controlling premises defined as a "Livestock Sales Ring" shall be compensated for the use of the premises and the services performed in handling the livestock in connection with the sale. [1949)

Sec. 317. Unlawful acts.

Any person, firm, corporation or association who, with intent to sell or in any wise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation, or association directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, hand-bill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement which is untrue, deceptive or misleading, shall be guilty of a misdemeanor. [1915] Sec. 318. Same: Penalty.

On conviction of each and every offense, as herein above set forth, the violator shall be punished by a fine of not less than ten dollars, nor more than three hundred dollars, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment. [1915)

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General Statutes, Revision of 1949, Vol. II, Title 21,
Ch. 140—Containers for Apples

Page Sec. 3086 Definitions

173 3087 Enforcement

173 3088 Standard barrels; standard bushel; other containers

173 3092 Penalty for violations

174 3093 Guaranty protection

174 General Statutes, Revision of 1949, Vol. II, Title 21, Ch. 144—Testing and Weighing of Milk and Cream Sec. 3179 Babcock test: Fraudulent manipulation; pen

alty 3182 Weighing

174 3187 Examination of apparatus

174 3191 Babcock milk-test bottles; penalty

174 3200 Measurement of milk or cream; penalty

174 3208 Rules and regulations relating to milk 174 General Statutes, Revision of 1949, Vol. II, Title 30,

Ch. 185—Butter and Bread
Sec. 3892 Print butter: Marking requirements

175 3893 Bread weights and marking requirements..

175

174

General Statutes, Revision of 1949, Vol. III, Title 50,

Ch. 322—Licensing of Public Weighers Sec. 6753 License required; fees; revocation of license - 168 6754 Duties

168 6755 Fees

168 6756 Penalties

168

potato barrel

General Statutes, Revision of 1949, Vol. III, Title 50,
Ch. 323–Weight and Measurement of Specific Articles
Sec. 6757 Pound; hundred weight; ton; barrel; gallon - 168
6758 Bushel; charcoal; flour; potatoes; flour and

169 6759 Bushel weights; penalty

169 6760 Weight of sand and gravel

169 6761 International log rule

169 6762 Cotton thread; marking requirements; penalty

169 6763 Sale of coal and coke by weight

169 6764 Same: Location of scales; fee for testing scales outside the state

170 6765 Same: Not to apply to foreign or interstate commerce

170 6766 Bottles for milk and cream

170 6767 Testing machines used in weighing milk or cream

171 6768 Sale of preheated petroleum products to be by

weight
6769 Same: Delivery tickets; requirements

171 6770 Same: Public weighers to secure tare weight 171 6771 Same: Exemptions

171 6772 Same: Penalty for violations

171

General Statutes, Revision of 1949, Vol. II, Title 30,
Ch. 186—"Connecticut Food, Drug and Cosmetic Act"
Sec. 3930 Definitions

175 3931 Prohibited acts

176 3932 Injunction

176 3933 Penalties; guaranty protection

176 3934 Seizure

176 3936 Minor violations

176 3938 Standards of fill of container

176 3940 Food: When deemed misbranded

176 3944 Drugs and devices: When deemed misbranded 177 3948 Cosmetics: When deemed misbranded

177 3954 Right of entry

177 General Statutes, Revision of 1949, Vol. II, Title 30,

Ch. 187--"Retail Drug Control Act" Sec. 3958 Illegal advertising

177 3960 Penalty for violations

177

171

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General Statutes, Revision of 1949, Vol. II, Title 21,

General Statutes, Revision of 1949, Vol. III, Title 49,

Ch. 138—Standard Packages for Farm Products Sec. 3065 Establishment of standards

3070 Rules and regulations

Ch. 319—Commercial Fertilizer
Sec. 6733 Definition

6738 Right of entry
6739 Penalties

173
173

178 178 179

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General Statutes, Revision of 1949, Vol. III, Title 50,

Ch. 321-Commissioner of Weights and Measures,

Sealers and Inspectors. Sec. 6747. State commissioner of weights and measures; in

spectors; duties; powers.

The commissioner of food and drugs shall be state commissioner of weights and measures. The commissioner may appoint inspectors of weights and measures, with all the powers incident to that office, when directed so to act by the commissioner. Said commissioner shall take charge of the standards adopted under the provisions of section 6773, as the standards of the state, and cause them to be kept in a fireproof building belonging to the state, or in a suitable place in his office, 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 years, to the national bureau of standards for certification. He shall, at least once in two years, test by the state standards all standard weights, measures and other apparatus which belong to any county, city or borough and shall seal such apparatus as is found to be accurate, by stamping thereon, with seals kept for that purpose, the letter “C” and the last two figures of the year of certification. He shall have general supervision of the weights, measures and weighing and measuring devices sold, offered for sale or used in the state. He, or the inspectors by his direction, shall, at least once in each year, test all scales, weights and measures used in checking the receipt or disbursement of supplies in each institution for the maintenance of which moneys are appropriated by the general assembly, and he shall report, in writing, his findings to the supervisory board and to the executive officer of the institution concerned, and, at the request of such board or executive of ficer, he shall appoint, in writing, one or more employees, in the service of each institution, who shall act as special deputies for the purpose of checking the receipt or disbursement of supplies. He shall keep a complete record of the standards, balances and other apparatus belonging to the state, and take a receipt for the same from his successor in office. He, or the inspectors at his direction, shall, at least once in two years, inspect the work of the local sealers throughout the state and shall have power to inspect and ascertain the correctness of all

weights, scales, beams, measures, instruments or mechanical devices for measuring, and tools, appliances or accessories connected with any such instruments or measures kept, offered or exposed for sale, sold, used or employed by any proprietor, agent, lessee or employee in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption, offered or submitted by such person or persons for sale, hire or reward; and shall, from time to time, weigh or measure packages or amounts of commodities of any kind kept for the purpose of sale, offered 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 accordance with law. They may, in the performance of their official duties, enter, without warrant, into or upon any stand, place, building or other premises, or stop any vendor, peddler, junk dealer or driver of any vehicle transporting or containing coal, coke, ice or other commodity, or any dealer, and require him to proceed to some place which they may specify, for the purpose of making tests. Said commissioner or the inspectors may seal any such weighing or measuring instrument or apparatus which is found to be correct and may seize and destroy any incorrect weight, measure or weighing or measuring instrument. The commissioner shall issue, from time to time, regulations for the guidance of county, city and borough sealers, and such regulations shall govern the procedure to be followed by such officers in the discharge of their duties. [1911; last amended 1947.] Sec. 6748. County and city standards.

The county commissioners of each county and the common council of each city required to appoint a sealer under the provisions of this chapter (Secs. 6747–6752] shall procure, at the expense of the county or city, and shall keep, at all times, a complete set of weights and measures and other apparatus, of such materials and construction as the commissioner of weights and measures may direct. All such weights, measures and other apparatus, having been tried and accurately proven by him, shall be sealed and certified to by him and shall then be deposited with and preserved by the county or city sealer as public standards for such county or city. Whenever the county commissioners of any county or the common council of any such city

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