Statutes Annotated, Vol. 16, Title 31, Ch. 536—Tim

ber and Lumber Inspectors-Continued.

require said inspector to inspect and measure the lumber in question. The inspector, when_summoned, shall attend at the place and the day to which he may be called, and faithfully measure all lumber he may be required to do, and any report and return he may make concerning thereof shall be received as the correct measurement of the same; provided, nevertheless, that the several interested parties may, at all times, be at liberty to establish the incorrectness of such return and report, in any suit regularly commenced in any court of this state having jurisdiction of the same. [1828]

Sec. 536.04. Standard of measurement.

Doyle's rule and log book for the measurement of saw logs is adopted as the standard rule for the measurement of saw logs, whether round or square, which are required to be scaled or measured within the limits of this state. [1889]

Sec. 536.05. Fees.

The inspectors shall receive the following fees for their services, to wit: Two dollars for every twenty miles they may travel in going to and from the place at which they may be required to attend, and twelve and a half cents for every thousand superficial feet of ranging lumber, and twenty-five cents for every hundred cubic feet of live oak or cedar timber or lumber, and fifty cents for every thousand staves they may inspect and count; which fees may be recovered in any court having jurisdiction thereof, from the several parties interested in the measuring and inspecting the lumber measured and inspected, who are made jointly and severally liable therefor. [1849; last amended 1861.] Sec. 536.06. Penalty for transporting unmeasured lumber.

If any person transports from any county of this state any lumber or staves without complying with the provisions of section 536.03, after he has been notified by any person interested in said lumber of his wish and intention to have the same so measured, he shall forfeit to the state a sum not exceeding two hundred dollars. [1828]

Sec. 536.20. Penalty for using non-standard measure; excep

tion.

Any person buying or selling logs or square timber by any other measure or scale than Doyle's rule and log book, or any timber inspector wilfully making return of any inspection scale or measurement of timber except according to said book, shall be punished by fine of not exceeding two hundred dollars for each offense, or by imprisonment for not exceeding six months; provided, when it is mutually agreed between the buyer and the seller, a measure or scale other than Doyle's rule book may be adopted and a survey can be

made by a party other than a commissioned inspector. [1889]

Statutes Annotated, Vol. 17, Title 32, Chs. 562, 569— Alcoholic Beverages.

Sec. 562.08. Container limit.

No distributor or vendor shall sell spirituous beverages in containers having a capacity of more than forty ounces. [1935; last amended 1941.]

Sec. 569.06. Limitation of size of individual wine containers; penalty.

It is unlawful for any person to sell within this state any wine in individual containers holding more than one gallon of such wine. Provided, that qualified distributors and manufacturers may sell to other qualified distributors or manufacturers such wine in any size containers. Any person convicted of a violation of this section shall be guilty of a misdemeanor and shall be punished accordingly. [1939; last amended 1941.]

[ED. NOTE.-The governor and the director of the state beverage department enforce the provisions of the beverage law.]

Statutes Annotated, Vol. 17, Title 33, Ch. 576—Commercial Fertilizers.

Sec. 576.01. Definitions.

(1) The term "fertilizer material" means any substance containing nitrogen, phosphoric acid, potash, or any recognized plant food element or compound which is used primarily for its plant food content or for compounding mixed fertilizers except unmanipulated animal and vegetable ma

nures.

(2) The words "mixed fertilizer" shall be construed to mean the combination or mixture of two or more fertilizer materials.

(3) The term "commercial fertilizer" includes mixed fertilizer of fertilizer materials. [1901; last amended 1949.]

Sec. 576.04. Marking requirements.

(1) Every package of commercial fertilizer manufactured, imported, transported, distributed, stored, kept or offered for sale or sold in or into the State of Florida, shall have securely attached a tag on which shall be plainly and legibly printed the net contents of the package in pounds (3) When commercial fertilizer is shipped in bulk by rail there shall be fastened on the inside wall of the car near the door a tag of the same kind as is used in the case of package shipments bearing the same information as required or permitted in the case of package shipments. When commercial fertilizer is shipped in bulk by truck, wagon, or other vehicle, the tags required in this section, bearing proper labels or

stamps and cancelled with the date of their use shall be attached to the copy of the invoice and shall be delivered to the receiver. [1901; last amended 1949.]

Sec. 576.09. Enforcement; rules and regulations.

This chapter [Secs. 576.01-576.11] shall be administered and its provisions and all rules and regulations adopted and promulgated hereunder shall be enforced by the Commissioner of Agriculture of the State of Florida. [1949]

Sec. 576.10. Penalties for violations.

(1) Whoever violates any of the provisions of this chapter [Secs. 576.01-576.11] by doing anything herein prohibited or by failing or refusing to do anything herein required to be done shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months or by both such fine and imprisonment.

(2) All rules and regulations heretofore made and promulgated under existing commercial fertilizer laws which are consistent with the provisions of Chapter 576, Florida Statutes, as herein amended, shall remain in force and effect until superseded, modified, or repealed as in this chapter provided. [1901; last amended 1949.]

Statutes Annotated, Vol. 17, Title 33, Ch. 577-Insecticides and Fungicides.

Sec. 577.01. Definitions.

In construing this chapter [Secs. 577.01-577.20], where the context permits, the word, phrase or

term:

(12) "Agricultural insecticide or fungicide" shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating any and all insects, fungi, or other plant pests, collectively or individually, which may infest or be detrimental to vegetation.

(13) "Label" includes any legend, design or device printed, stenciled, stamped, seared, impressed upon or attached to the article or its container.

(14) "Package" means the individual container into which agricultural insecticide or fungicide is placed for sale or sold. [1937]

Sec. 577.02. Misbranding.

(1) It is unlawful for any person to manufacture, deliver, sell, or offer for sale in this state, any agricultural insecticide or fungicide which is misbranded within the meaning of this chapter [Secs. 577.01-577.20].

(2) For the purposes of this chapter an agricul tural insecticide or fungicide shall be deemed to be misbranded if:

(a) The package or label thereon bears any false or misleading statement, design or device regarding such articles or the ingredients or substances contained therein.

(b) It is labeled or branded so as to deceive of mislead the purchaser. [1937]

Sec. 577.03. Marking requirements.

All persons, before selling or offering for sale any agricultural insecticide or fungicide for use within this state shall brand or attach to each separate package in which it is sold a plainly printed label showing the net weight or vol•. [1937]

ume content of the package,

Sec. 577.14. Enforcement; rules and regulations. The commissioner of agriculture shall administer and enforce the provisions of this chapter [Secs. 577.01-577.20], and shall promulgate rules and regulations for carrying out the provisions of this chapter [1937]

Sec. 577.17. Withholding from sale when misbranded.

The commissioner of agriculture shall withhold from sale any agricultural insecticide or fungicide which is misbranded, not branded, or irregular in any way until such lot of agricultural insecticide or fungicide shall comply with the terms and provisions of this chapter [Secs. 577.01-577.20]. [1937] Sec. 577.18. Exceptions.

No section or provision of this chapter [Secs. 577.01-577.20] shall be construed as referring or applying to agricultural insecticides or fungicides stored by manufacturers or importers for use in manufacturing, nor shall it be construed as applying to sales of such insecticides or fungicides by one manufacturer or importer to another; provided that manufacturers or importers are not required to attach labels to agricultural insecticides or fungicides until they are offered for sale. [1937]

Sec. 577.20. Penalty for violations.

Anyone failing to comply with the provisions of this chapter [Secs. 577.01-577.20], or violating any of such provisions, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding fifty dollars for the first offense and not exceeding two hundred dollars for any subsequent offense. [1937]

Statutes Annotated, Vol. 17, Title 33, Ch. 578— "Florida Seed Law."

jec. 578.09. Marking requirements.

Each container of agricultural or vegetable seed sold, offered for sale, exposed for sale or distributed within this state for sowing or planting purposes shall bear thereon or have attached thereto, in a

Statutes Annotated, Vol. 17, Title 33, Ch. 578— "Florida Seed Law"-Continued.

conspicuous place, a label or tag plainly written or printed in the English language, giving the following information:

(1) For agricultural seeds.

(c) Net weight.

(2) For vegetable seeds in containers of more than one pound.—

(b) Net weight.

(3) For vegetable seeds in containers of eight ounces to one pound.—

(b) Net weight. [1945]

Sec. 578.10. Exemptions.

(1) The provisions of Section 578.13 shall not apply to any common carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier. Provided, that such carrier is not engaged in processing or merchandising seed subject to the provisions of this law [Secs. 578.01-1, 578.08-578.14, 578.18-1, 578.22-578.25].

(2) The provisions of Sections 578.09 and 578.13 do not apply:

(a) To seed or grain not intended for sowing or planting purposes.

(b) To seed in storage in, consigned to or being transported to seed cleaning or processing estab lishments for cleaning or processing only. Provided, that any labeling or other representation which may be made with respect to the unclean seed shall be subject to this law.

(3) No person shall be subject to the criminal penalties of this law for having sold, offered or exposed for sale in this state any agricultural or vegetable seeds which were incorrectly labeled or represented as to kind and variety or origin, which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration giving kind and variety and origin.

(4) When grown, sold and delivered by the producer on his own premises; provided, that the growing of such seed is merely incidental to his business of farming. If, however, said seed be advertised for sale through any medium or if said seed is delivered by a common carrier (except when transported for the purpose of being recleaned as hereinbefore provided), said seed must be labeled in accordance with the provisions of this law. Provided, that in no case shall such farmer be allowed

to sell over one thousand pounds of agricultural seed during any one year without registering as a seed dealer.

(5) When seeds are sold from a duly labeled container and taken therefrom in the presence of the purchaser, the container in which such seeds are delivered to the purchaser will not be required to have a label or tag unless so requested by the purchaser. This however, shall not relieve or exempt any seed dealer from any liability imposed by the Florida seed law. [1945]

Sec. 578.11. Enforcement.

(1) The duty of administering this law [Secs. 578.01-1, 578.08-578.14, 578.18-1, 578.22-578.25] and enforcing its provisions and requirements shall be vested in the commissioner [of agriculture] [1945]

Sec. 578.13. Prohibitions.

(1) It shall be unlawful for any person to sell, offer for sale, expose for sale, transport or distribute any agricultural or vegetable seed within this state:

(b) Not labeled in accordance with the provisions of this law, or having false or misleading labeling.

(c) Pertaining to which there has been a false or misleading advertisement. [1945]

Sec. 578.18-1. Violation a misdemeanor.

Every violation of any of the provisions of Sections 578.01-1, 578.08-578.14, 578.22-578.25 shall be deemed a misdemeanor and punishable as such. [1945]

Statutes Annotated, Vol. 17, Title 33, Ch. 580-Commercial Feeds.

Sec. 580.01. Definitions.

The term "commercial feeds" shall be held to include all materials used for feeding domestic animals or birds, except the following:

(1) Unmixed whole seeds or grain, as defined by U. S. grain standards.

(2) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials. Provided, however, hays, straws, stover, silage, or similar materials, when ground, either mixed or unmixed, and cottonseed hulls when ground and unmixed, shall constitute commercial feeds and be registered and tagged accordingly. last amended 1941.]

Sec. 580.03. Marking requirements.

[1939;

All manufacturers, importers, jobbers, firms, associations, corporations or persons, before selling or offering for sale or transporting in this state any brand of commercial feed, shall have attached to each bag, package, carton, or have delivered with each bulk lot, a statement, hereafter referred to as

the label or tag, clearly and legibly printed in the English language which fully and truly gives the following:

(1) The net weight of the contents of the package, bag, carton or bulk lot. [1939; last amended 1941.]

Sec. 580.08. Enforcement; rules and regulations.

The commissioner of agriculture is empowered to enforce the provisions of this chapter [Secs. 580.01580.22], and to prescribe and enforce administrative rules, regulations and standards, which shall be in harmony with the provisions of this chapter. [1939]

Sec. 580.22. Penalties for violations.

Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, in this state, any commercial feed which carries any false or misleading statements upon or attached to the package, or if the number of net pounds set forth upon the package is not correct, or who shall violate any other provision of this chapter [Secs. 580.01-580.22], shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than fifty dollars for the first violation and not less than fifty dollars nor more than two hundred and fifty dollars for each subsequent violation. [1939;

last amended 1941.]

Statutes Annotated, Vol. 17, Title 33, Ch. 601-"The Florida Citrus Code of 1949."

Sec. 601.03. Definitions.

In construing this chapter [Secs. 601.01-601.112] where the context permits the word, phrase or term:

(7) "Citrus fruit" means any fruit of the citrus family and includes grapefruit, oranges, tangerines, and limes;

(13) "Commission" means the Florida citrus commission

(14) "Commissioner" means the commissioner of agriculture of the State of Florida;

(18) "Citrus fruit dealer" means any consignor, commission merchant, consignment shipper, cash buyer, broker, agent, association, cooperative association, express shipper, or dealer as herein defined; but the term shall not include retail establishments exclusively which sell direct to consumers.

(35) "Standard packed box" means one and three-fifths bushels of citrus fruit, whether in bulk or in containers; [1949]

Sec. 601.10. Powers of citrus commission.

The commission shall have and shall exercise such general and specific powers as are delegated to it by this chapter and other statutes of the State of Florida, which such powers shall include, but not be confined to, the following:

(2) To act as the general supervisory authority over the administration and enforcement of this chapter and to exercise such other powers and perform such other duties as may be imposed upon it by other laws of the State of Florida.

(5) To investigate violations of the provisions of this chapter and to report its findings or recommendations in connection therewith to the commissioner [of agriculture.]

(7) To adopt, promulgate, alter, rescind, modify, amend and enforce rules and regulations not inconsistent with existing laws, to regulate and control methods and practices followed or used in the harvesting, grading, packing, canning, concentrating, or otherwise processing citrus fruits for human consumption, ⚫. [1949]

Sec. 601.11. Standard containers for citrus fruits.

The commission shall have full and plenary power to and shall establish state grades for citrus fruits and canned and concentrated products thereof, and for containers therefor, and shall prescribe rules or regulations governing the marking, branding, labeling, tagging, or stamping of citrus fruit, or the canned or concentrated products thereof, and upon containers therefor for the purpose of showing the name and address of the person marketing such citrus fruit or the canned or concentrated products thereof, the amount of the canned or concentrated products thereof, and the quality, type, size, dimensions, and shape of container therefor, *; provided, however, that no standard, regulation, rule, or order under this section which is repugnant to any requirement made mandatory under federal law or regulations shall apply to citrus fruit, or the canned or concentrated products thereof, or to containers therefor, which are being shipped from this state in interstate commerce. All citrus fruit and the canned and concentrated products thereof sold, or offered for sale, or offered for shipment within or without the State of Florida. shall be graded and marked as required by this section and the regulations, rules, and orders adopted and made under authority of this section, which regulations, rules and orders shall, when not inconsistent with state or federal law, have the force and effect of law. [1949]

Statutes Annotated, Vol. 17, Title 33, Ch. 601"The Florida Citrus Code of 1949"-Continued. Sec. 601.15. Excise tax: Number of pounds equivalent to standard packed box.

(3) (a) There is hereby levied and imposed the following excise taxes upon each standard-packed box of the following citrus fruits grown in this state, to-wit: grapefruit, three cents per box; oranges, two cents per box; tangerines, five cents per box; and limes, four cents per box.

(b) When grapefruit are purchased, acquired, or handled on a weight basis rather than under the standard-packed-box basis, eighty-five pounds thereof shall be considered equal to or the equivalent of one standard-packed box for tax purposes under this section.

(c) When oranges are purchased, acquired, or handled on a weight basis rather than under the standard-packed-box basis, ninety pounds thereof shall be considered equal to or the equivalent of one standard-packed box for tax purposes under this

section.

(d) When tangerines are purchased, acquired, or handled on a weight basis rather than under the standard-packed-box basis, ninety-five pounds thereof shall be considered equal to or the equivalent of one standard-packed box for tax purposes under this section.

(e) When limes are purchased, acquired, or handled on a weight basis rather than under the standard-packed-box basis, ninety pounds thereof shall be considered equal to or the equivalent of one standard-packed box for tax purposes under this section. [1949]

Sec. 601.27. Commissioner of agriculture: Powers.

The inspection in the State of Florida of all citrus fruit and the canned and concentrated products, thereof, and the certifying as to grades and qualifications thereof, and the enforcement of all provisions of this chapter [Secs. 601.1-601.112] and/or all rules, regulations and/or orders made pursuant to and under authority of this chapter, shall be under the direction, supervision, and control of the commissioner [of agriculture]; [1949]

Sec. 601.29. Same.

The powers of the commissioner shall include, but not be limited to, the following:

(1) To make such rules, regulations, and orders as may be necessary to carry out such of the provisions of this chapter [Secs. 601.1-601.112] as impose duties and powers on the commissioner [of agriculture] or his authorized inspectors, employees, or agents which said rules, regulations, and orders shall have the effect and force of law when consistent therewith.

(3) Personally or through his authorized inspector, employee, or agent, to forbid and prohibit the shipment or sale of any citrus fruit or the canned or concentrated products thereof found to be in violation of any of the provisions of this Act [Chapter], or in violation of any rule, regulation, or order made or adopted under authority of this chapter.

(5) To cause prosecution to be instituted for violation of any of the citrus laws or for violation of any rule, regulation, or order promulgated by the Commission [Florida Citrus Commission] or by the Commissioner [of agriculture.] [1949]

Sec. 601.64. Citrus fruit dealers: Misrepresentation as to quantity.

It is unlawful in, or in connection with any transaction relative to the purchase, handling, sale, and accounting of sales of citrus fruit:

(4) For any citrus fruit dealer to make, for a fraudulent purpose, any false or misleading statement concerning the condition, quality, quantity, or disposition of any citrus fruit which is received by such citrus fruit dealer or bought or sold or contracted to be bought or sold by such citrus fruit dealer; [1949]

Sec. 601.65. Same: Liability for violations.

If any citrus fruit dealer violates any provisions of this law he shall be liable to the person injured thereby for the full amount of damages sustained in consequense of such violation. Such liability may be enforced either (1) by complaint to the commissioner [of agriculture],

or (2) by suit in any court of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, and these provisions are in addition to such remedies. [1949]

Sec. 601.85. Standard shipping box for fresh fruit.

The specifications for the standard legal shipping box, crate, or container to be used in shipping fresh citrus fruits shall be as established by the commission [Florida Citrus Commission]; but provided that the unit of a standard-packed box, commonly called one and three-fifths bushels, shall contain an inside cubical measurement of three thousand four hundred and fifty-six cubic inches. [1949]

Sec. 601.86. Standard field boxes for fresh citrus fruit.

All field boxes used in the purchase, sale or handling of citrus fruit from or for the grower by a citrus fruit dealer in the State of Florida shall be of the uniform standard size of thirty-one and onehalf inches long, thirteen inches high, and twelve inches wide, inside measurements, and shall be divided into two compartments by a center partition of at least three-fourths-inch thickness; and each of