Statutes Annotated, Vol. 16, Title 31, Ch. 531— Weights, Measures and Standards-Continued.

Sec. 531.17. Office standards; verification; certification of state standards.

(1) In addition to the state standards of weights and measures provided for in Section 531.16, there shall be supplied by the state at least one complete set of copies thereof to be kept at all times in the offices of the commissioner and to be known as office standards, and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this law [Secs. 531.16-531.33], to be known as working standards. Such weights, measures and apparatus shall be verified by the commissioner or his inspectors at his direction upon their initial receipt and at least once in each year thereafter the office standards by direct comparison with the state standards and the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards shall be sealed by stamping on them the letters "Fla." and, in the case of working standards, the last two figures of the year, with seals which the commissioner shall have and keep for that purpose. The office or working standards shall be used in making all comparisons of weights, measures and weighing or measuring devices submitted for test in the office of the commissioner and the state standards shall be used only in verifying the office standards and for scientific purposes.

(2) The commissioner 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 keep a complete record of the standards, balances and other apparatus belonging to the state. [1945]

Sec. 531.18. Enforcement.

The duty of administering this law [Secs. 531.16531.33] and enforcing its provisions and requirements shall be and is hereby vested in the commissioner of agriculture of the State of Florida who is hereby authorized to employ such agents and persons as in his judgment shall be necessary therefor to act as inspectors in carrying out the provisions of this law and whose salaries shall be fixed by the commissioner. In the administration and enforcement of this law the commission may act by and through such persons as he shall designate and/or employ to act as his inspectors for that purpose. [1945]

Sec. 531.19. Regulations.

The commissioner shall issue from time to time regulations for the enforcement of the provisions of this law [Secs. 531.16-531.33]. The said regulations may include specifications and tolerances for all weights, measures and weighing and measuring devices of the character of those specified in Section 531.20. For the purposes of this law, арраratus shall be deemed to be correct when it con

forms to all applicable requirements promulgated as specified in this section; other apparatus shall be deemed to be incorrect. [1945]

Sec. 531.20. Inspecting, trying, approving, etc., weights and

measures.

When not otherwise provided by law the commissioner shall have the power and is hereby authorized to inspect, test, try and ascertain if they are correct, all weights, measures and weighing or measuring devices kept, offered or exposed for sale, sold or used or employed in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption purchased or offered or submitted for sale, hire or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination; 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 deems necessary and practicable see that all weights, measures and weighing or measuring devices used are correct. He may for that purpose and in the general performance of his official duties enter and go into or upon and without formal warrant, any stand, place, building or premises, or stop any vendor, peddler, delivery vehicle, or any person whatsoever and require him, if necessary, to proceed to some place which the commissioner may specify for the purpose of making the proper tests. Whenever the commissioner finds a violation of the statutes relating to weights and measures, he may cause the violator to be prosecuted. [1945]

Sec. 531.21. Approval of weights, measures, etc.

Whenever the commissioner compares weights, measures of [or] weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards in his possession he shall seal or mark such weights, measures or weighing or measuring devices with appropriate identification. [1945]

Sec. 531.22. Condemnation of illegal weights and measures.

(1) The commissioner 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 in his best judgment may be repaired, he shall mark or tag as "Condemned for repairs."

(2) The owners or users of any weights, measures or weighing or measuring devices of which such disposition is made shall have the same repaired

and corrected within such reasonable time as may be specified by the commissioner and they may neither use nor dispose of the same in any way but shall hold the same at the disposal of the commissioner. 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 commissioner. [1945]

Sec. 531.23. Inspectors: Powers, duties, etc.

The powers and duties given to and imposed upon the commissioner by Secs. 531.20-531.22 are hereby given to and imposed upon his inspectors also, when acting under his instructions and at his direction. [1945]

Sec. 531.24. Seizure of illegal weights and measures for evidence.

The commissioner and his inspectors are hereby specifically authorized and empowered to seize for use as evidence, without formal warrant, any false or unsealed weight, measure or weighing or measuring device or package or amount of commodity found to be used, retained or offered or exposed for sale or sold in violation of law. [1945]

Sec. 531.25. Obstruction of commissioner, inspectors, etc., prohibited.

It shall be unlawful for any person to in any way hinder or obstruct the commissioner or his inspectors in the performance of his or their official duties under this law [Secs. 531.16-531.33], or to fail or refuse to obey any lawful order of the commissioner or his inspectors given under authority of this law. It shall also be unlawful for any person to in any way impersonate the commissioner or his inspectors by the use or counterfeit of his or their seal or otherwise. [1945]

Sec. 531.26. Packages, containers, etc., to be marked.

It shall be unlawful to keep for the purpose of sale, offer or expose for sale or sell, any commodity in package form unless the net quantity of the contents be plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; provided, however, that reasonable variations or tolerances shall be permitted and that these reasonable variations or tolerances and also exemptions as to small packages shall be established by rules and regulations made by the commissioner. And provided, further, that this section shall not be construed to apply to those commodities in package form the manner of sale of which is specifically regulated by the provisions of other sections of this law [Secs. 531.16-531.33]. [1945]

Sec. 531.27. Definitions.

(1) The words "in package form" as used in this law [Secs. 531.16-531.33] shall be construed to in

clude a commodity in a package, carton, case, can, box, barrel, bottle, phial or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, or when put up out of the presence of the purchaser by the vendor, which may be labeled, branded or stenciled, or otherwise marked, or which may be suitable for labeling, branding or stenciling, or marking otherwise, making one complete package of the commodity. The words "in package form" shall be construed to include both the wholesale and the retail package.

(2) The term "gallon" shall be understood to mean a unit of 231 cubic inches, of which the liquid quart, liquid pint and gill are, respectively, the one-quarter, the one-eighth and the one-thirty-second parts.

(3) The term "bushel" when used in connection with dry measures and standard containers, shall be understood to mean a unit of 2150.42 cubic inches of which the dry quart and dry pint, respectively, are the one-thirty-second and one-sixty-fourth parts.

(4) The term "barrel" when used in connection with flour shall be understood to mean a unit of 196 pounds avoirdupois weight, and fractional parts of a barrel shall be understood to mean like frac tional parts of 196 pounds.

(5) The term "barrel" when used in connection with beer, ale, porter and other similar fermented liquor, shall be understood to mean a unit of 31 gallons, and fractional parts of a barrel shall be understood to mean like fractional parts of 31 gallons.

(6) The term "ton" shall be understood to mean a unit of 2,000 pounds advoirdupois weight.

(7) The term "cord" when used in connection with wood shall be understood to mean the amount of wood which is contained in a space of 128 cubic feet when the wood is ranked and well stowed and one-half of the kerf of the wood is included.

(8) All contracts concerning the sale of goods shall be construed in accordance with the provisions of this section.

(9) The word "person" as used in this law shall be construed to import both the plural and singular, as the case demands, and shall include individuals, partnerships, corporations, companies, societies and associations. The word "commissioner" wherever used in this law means the commissioner of agriculture of the State of Florida.

(10) The words "weight, measures, or (and) weighing or (and) measuring devices" as used in this law 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.

(11) The words "sell" or "sale" as used in this law shall be construed to include barter and exchange. [1945]

Statutes Annotated, Vol. 16, Title 31, Ch. 531Weights, Measures and Standards—Continued.

Sec. 531.28. Misleading packages, containers, etc.; standards of fill.

It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form if its container is so made, formed or filled, or if it is so wrapped as to mislead the purchaser as to the quantity of the contents; or if the contents of its container fall below the standard of fill prescribed by regulations promulgated as provided in this section. For the effectuation of the purposes of this section the commissioner is hereby authorized to promulgate regulations fixing and establishing for any commodity in package form a reasonable standard of fill of container. [1945]

Sec. 531.29. Textiles: Marking weight or measure on tag or label.

It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell, any commodity composed in whole or in part of cotton, wool, linen or silk, or any other textile material on a spool or similar holder, or in a container or band, or in a bolt or roll, or in a ball, coil or skein, or in any similar manner, unless the net amount of the commodity in terms of weight or measure shall be definitely, plainly and conspicuously marked on the principal label, if there be such a label; otherwise, on a wrapping, band or tag attached thereto, except when put up in the presence of the purchaser. [1945]

Sec. 531.30. Net weights to apply.

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 accordingly. Whenever the weight of a commodity is mentioned in this law [Secs. 531.16-531.33] it shall be understood and construed to mean the net weight of the commodity. [1945]

Sec. 531.31. Penalties for violations.

Any person who, by himself or by 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 in the computation of any charge for services rendered on the basis of weight or measure, or in the determination of weight or measure when a charge is made for such determination, or retain in his possession a false weight or measure, or weighing or measuring device; or who shall dispose of any condemned weight, measure or weighing or measuring device contrary to law, or remove any tag placed thereon by the commissioner or his inspectors at his direction; or who shall sell or offer or expose for sale less than the quantity he represents of any

commodity, thing or service, or shall take or attempt to take more 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, thing or service 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 use in retail trade, except in the preparation of packages put up in advance of sale, a weighing or measuring device which is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer; or who shall violate any provision of this law [Secs. 531.16531.33], 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, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. [1945]

Sec. 531.32. Injunctions against violations; jurisdiction.

In addition to the remedies provided in this law [Secs. 531.16-531.33], and notwithstanding the existence of any adequate remedy at law, the commissioner is hereby authorized to apply by a bill in equity to a circuit court or circuit judge and such circuit court or circuit judge shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this law or for failing or refusing to comply with the requirements of this law or any rule or regulation duly promulgated as in this law authorized, such injunction to be issued without bond. [1945]

Sec. 531.34. Flour: Standard weight containers; definition of "wheat flour"; marking requirements; exceptions; penalties for violations.

(1) Hereafter the standard measures of wheat flour shall be containers of net avoirdupois weights of two, five, ten, twenty-five, fifty and one hundred pounds.

(2) The term "wheat flour" as used herein means: Plain wheat flour, self-rising wheat flour, phosphated wheat flour, bromated wheat flour, enriched wheat flour, enriched self-rising wheat flour and enriched phosphated wheat flour as defined in the standards of identity promulgated by the federal security agency under date of May 26, 1941 (volume 6, federal register, pages 2574 to 2582, inclusive), or as they may be amended.

(3) Each container shall have its net weight, and the name and address of the actual manufacturer or distributor printed or plainly marked on it in letters and figures clearly legible.

(4) No person shall pack for sale, sell or offer for sale in Florida any wheat flour except in containers of the standard net weights and in accordance with the labeling provisions.

(5) The provisions of this section do not apply to the retailing of flour direct from the manufacturer to the consumer, nor to the sale of flour to the bakery trade, nor to the exchanging of wheat for flour, nor to flour packed in cartons, the net contents of which are five pounds or less.

(6) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprison

ment.

(7) This section shall take effect six months after the expiration of the national emergency which was declared to exist by the proclamation of the President of the United States on May 27, 1941. [1945]

Statutes Annotated, Vol. 14, Title 26, Ch. 375— Standard Measure for Oysters and Clams.

Sec. 375.19. Standard measures; stamps; fees.

As a standard measure, a half barrel of oysters shall consist of a tub or other round vessel of the following dimensions, or the cubical equivalent thereof, to-wit: It shall measure eighteen and onehalf inches inside at the top, and seventeen inches from bottom to top, and twenty-five and one-half inches diagonal, the unit of such tub or measure may be in the shape of an inverted frustrum of a cone. Two of these measures, filled, rounded and banked shall make one barrel, and all oysters or clams bought and sold in this state in the shell shall be measured in a measure of this equivalent, or measure holding a fraction or multiple thereof; and it shall be unlawful for any person to have in his possession any measure for oysters or clams in the shell which differs in equivalent size from the measure herein provided for; or demand or require a cargo of less or greater measure in buying or selling; and no vessel or measure shall be used in buying or selling oysters or clams until it has been measured and stamped by the supervisor of conservation, or some conservation agent, with a metal tag or stamp, showing the quantity of oysters or clams such measure will hold.

The state board of conservation shall make, or have made, to be paid out of any funds to the credit of the state conservation fund, such measures, to be sold at actual cost, and to have the supervisor of conservation or some conservation agent visit, for the purpose of measuring all vessels used in buying or selling of oysters or clams, each place where oysters or clams are bought or sold, and the state board of conservation shall keep a book in which

shall be recorded the dimensions of all measures so measured. For each stamp or tag the said board shall charge the sum of twenty-five cents from the person to whom it is issued, and such moneys shall be deposited in the state conservation fund.

The state board of conservation shall keep a book, to be known as the oyster and clam measure record, in which shall be registered the name of each person to whom such stamp or tag was issued, and the date of issuance and its number, and said record shall be open for the inspection of the public. [1913; last amended 1921.]

Sec. 375.33. Penalty for violations.

Any person wilfully violating any of the provisions of this chapter [Secs. 375.01-375.33] unless otherwise provided, shall, upon conviction, be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months. [1913]

Florida Statutes Annotated, Vol. 9, Title 12, Ch. 168-Cities and Towns.

*

estab

Sec. 168.06. Powers of city and town council. The city or town council may lish and regulate the weight and assize of bread, * the gauging of liquors, the measurement and weighing of any produce or merchandise ⚫. [1877]

Statutes Annotated, Vol. 14, Title 27, Ch. 398"Uniform Narcotic Drug Act."

Sec. 398.11. Marking requirements.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. [1933]

Sec. 398.21. Enforcement.

The State board of health, its agents, inspectors, officers and representatives, and all peace officers of the state, and all prosecuting attorneys, shall enforce all provisions of this chapter [Secs. 398.01398.23], except those specifically delegated, and shall cooperate with all agencies charged with the enforcement of the laws of the United States, this state, and all other states relating to narcotic drugs. [1933; last amended 1935.]

Sec. 398.22. Penalty for violations.

Any person violating any provisions of this chapter [Secs. 398.01-398.23], shall be deemed guilty of a felony and upon conviction be punished, for the first offense, by a fine not exceeding five thousand dollars, or by imprisonment in the state prison for not exceeding five years; and for any subsequent offense, by a fine not exceeding ten thousand dol

Statutes Annotated, Vol. 14, Title 27, Ch. 398"Uniform Narcotic Drug Act"-Continued. lars, or by imprisonment in the state prison for not exceeding ten years. [1933; last amended 1935.] Statutes Annotated, Vol. 1, Title 4, Ch. 19-Bureau of Inspection.

Sec. 19.47. Bureau of Inspection: Created.

There is created in the department of the commissioner of agriculture of the State of Florida the bureau of inspection. The bureau of inspection created by this law shall be under the control and supervision of the commissioner of agriculture of the State of Florida. [1925; last amended 1931.]

Sec. 19.48. Same: Appointment of inspectors; duties.

The governor may appoint inspectors for the bureau of inspection as provided by law as the same may be recommended in writing by the commissioner of agriculture. Each of the inspectors appointed under the provisions of this section, when directed by the commissioner of agriculture so to do, shall perform any or all of those duties which have heretofore been performed by oil inspectors, by food, drug and fertilizer inspectors for the chemical division of the department of agriculture, and by citrus fruit inspectors, and each of said inspectors appointed under the provisions of this section, is vested with all power and authority and with each and every obligation and restriction heretofore applied to or vested in oil inspectors, food, drug and fertilizer inspectors for the chemical division of the department of agriculture and citrus fruit inspectors. [1925; last amended 1927.]

Statutes Annotated, Vol. 16, Title 31, Ch. 500"Florida Food, Drug and Cosmetic Law."

Sec. 500.03. Definitions.

For the purpose of this chapter [Secs. 500.01500.32]

(1) The term "Commissioner" means the commissioner of agriculture of the State of Florida.

(2) The term "person" includes individual, partnership, corporation and association.

(3) The term "food" means (a) articles used for food or drink for man or other animals, (b) chewing gum, and (c) articles used for components of any such article.

(4) The term "drug" means (a) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (b) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (c) articles, (other than food) intended to affect the structure or any function of the body of man or other animals; and (d) articles intended

for use as a component of any article specified in clauses (a), (b), or (c) but does not include devices or their components, parts or accessories.

(5) The term "device" (except when used in subsection 11 and in sections 500.04 (10), 500.11 (6), 500.15 (3) and 500.18 (3) means instruments, apparatus and contrivances including their components, parts and accessories, intended (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (b) to affect the structure or any function of the body of man or other animals.

(6) The term "cosmetic" means (a) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (b) articles intended for use as a component of any such articles, except that such term shall not include soap.

(8) The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper.

(9) The term "immediate container" does not include package liners.

(10) The term "labeling" means all labels and other written, printed, or graphic matters (a) upon an article or any of its containers or wrappers, or (b) accompanying such article.

(11) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations

(12) The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics.

(16) The provisions of this chapter regarding the selling of food, drugs, devices, or cosmetics, shall be considered to include the manufacture, production,