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Code Annotated (1947), Vol. 11, Title 71, Ch. 1-
Weights and Measures, Powers and Duties of Depart-

ment of Agriculture
Sec. 71-101 Custody of standards; enforcement of laws

259 71-102 Inspection of weights and measures on re

259 71-103 Records; annual report; regulations

259 71-104 Additional records and reports

259 71-105 Testing, sealing, condemning and tagging of

weights and measures; fees for testing 259 71-106 Right of entry

260 Code Annotated (1947), Vol. 11, Title 71, Ch. 2—

Weights and Measures, Standards
Sec. 71-201 Standards of weights and measures

260 71-202 Standard units of measure: Yard; rod; pole; perch; mile; chain; acre

260 71-203 Standard units of weight: Hundredweight; ton; pound

260 71--204 Standard units of measure: Peck; half-peck;

quarter-peck; quart; pint; half-pint 260 71-205 Same: Half-gallon; quart; pint; half-pint; gill

261 71-206 Same: Electrical measure 71-207 Metric system legal

261 71-208 Barrel, bushel sack, and bushel weights---- 261 71-209 Standard of measurement for stone masonry 261 71-210 Cord of wood

261 71-211 Construction of contracts

261 71-212 Sale of dry commodities

261 71-213 Apple boxes

261 71-214 Standard berry boxes; marking requirements 261 71-215 Bottles for milk and cream; sale of other liquid commodities

262 71-216 Lard containers: Marking requirements 262 71-217 Bread: Minimum weight; sale of; marking requirements

262 71-218 Sale of butter; marking requirements - 262 71-219 Prima facie evidence of correct quantity; tolerances

262 71-220 Flour, corn meal, hominy and hominy grits:

Standard weight containers; exceptions -- 262 71-221 Same: Penalty for violations

262 Code Annotated (1947), Vol. 11, Title 71, Ch. 3

Weights and Measures, Penalties Sec. 71-301 Penalty for interference

262 71-302 Penalty for using false weights and measures 262 Code Annotated (1947), Vol. 11, Title 71, Ch. 4

"Weighmaster's Licensing Act" Sec. 71-402 Licensing of weighmasters

263 71-403 Bond

263 71-404 Posting of license

263 71-405 Certified copies of license

263 71-406 Signature of licensed weighmaster

263 71-407 False weight tickets; penalty

263 71-408 Enforcement of act; rules and regulations.. 263 71-410 Revocation of license

263 71-411 Standard weight and tare ticket

263 Code Annotated (1947), Vol. 9, Title 50, Ch. 11

Municipal Corporations, General Powers Sec. 50_1101 Powers

264 50-1119 Regulation of weights and measures

264 50–1120 Inspection of hay, grain, and fuel

264

Code Annotated (1947), Vol. 9, Title 50, Ch. 14–
Municipal Corporations, Regulation of Weights and
Measures

Page Sec. 50_1401 Establishments of weights and measures de

partment; verification of standards 264 50–1402 Municipal wagon scales -

264 50–1403 Same: Maintenance; rules and regulations; weighmaster; weight certificate

264 50–1404 Same: Bond of weighmaster

264 Code Annotated (1947), Vol. 5, Title 22, Ch. 6.

Commercial Fertilizers Sec. 22-602 Definition

264 22-603 Marking requirements

265 22-607 Examinations to determine net weight

265 22-612 Penalty for violations

265 Code Annotated (1947), Vol. 5, Title 22, Ch. 7-Con

tainers for Farm Products Sec. 22-701 Farm products defined

265 22-702 Standards

265 22-707 Penalty for violations

265 Code Annotated (1947), Vol. 5, Title 22, Ch. 8

Apple, Pear, and Peach Boxes Sec. 22-801 Marking requirements

265 22–804 Penalty for violations

265 Code Annotated (1947), Vol. 5, Title 22, Ch. 9–

Potato Containers Sec. 22-911 Marking requirements

265 22-912 Penalty for violations

266 22-913 Injunction: commissioner of agriculture may institute proceedings

266 Code Annotated (1947), Vol. 5, Title 22, Ch. 13–

Dealers in Farm Produce
Sec. 22-1309 Examination of scales, measures, etc.

266 Code Annotated (1947), Vol. 5, Title 22, Ch. 17–Pre

vention of Fraud in Sacked Products Sec. 22–1701 Sale by net weight

266 22–1702 Civil liability

266 Code Annotated (1947), Vol. 5, Title 23, Ch. 2

"Idaho Liquor Act” Sec. 23-201 Alcoholic liquors: State liquors dispensary -- 266

23-207 Rules and regulations regarding containers, 266 Code Annotated (1947), Vol. 5, Title 23, Ch. 10—Beer Sec. 23-1013 Standard containers

266 23–1020 Penalty for violations

267 Code Annotated (1947), Vol. 5, Title 25, Ch. 17–Live

stock Sales Ring Sec. 25–1701 Definitions

267 25-1702 License

267 25–1703 Exceptions

267 25–1706 Weighmaster's license

267 25–1708 Enforcement; rules and regulations

267 25–1713 Regulation of scales

267 25–1715 Certain sales rings excepted

267 25-1716 Penalty for violations

267 Code Annotated (1947), Vol. 5, Title 25, Ch. 27–

Commercial Feeding Stuffs Sec. 25-2701 Definition

267 25-2702 Marking requirements

267 25-2704 Bulk sales

267

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Code Annotated (1947), Vol. 5, Title 25, Ch. 27–
Commercial Feeding Stuffs—Continued

Page 25-2709 Penalty for violations

268 25–2710 Enforcement; rules and regulations

268 Code Annotated (1947), Vol. 6, Title 31, Ch. 11–

County Public Wagon Scales Sec. 31-1101 Establishment by county

268 31-1102 Rules and regulations; appointment and duties of weighmaster

268 31-1103 Establishment by individuals; county control 268 31-1104 Payment of expenses; receipts

268 31-1105 Weight certificate

269 Code Annotated (1947), Vol. 7, Title 37, Ch. 2—Mis

branding of Food Sec. 37-201 Manufacture of misbranded articles probited; penalty

269 37-202 Sale prohibited when misbranded; penalty- 269 37-203 Rules and regulations

269 37-204 Food defined

269 37-208 Misbranded defined

269 37-210 When food deemed misbranded

269 37-211 Guaranty protection

269 37-214 Right of entry and inspection

269 Code Annotated (1947), Vol. 7, Title 37, Ch. 3—Milk

and Butter Sec. 37-323 Milk: Weight of

270 37-324 Same: Penalties

270 37-325 Milk cans: Marking requirements

270 37-333 Butter: Marking requirements; weight 270 37-335 Penalty for violating Sec. 37–333

270 Code Annotated (1947), Vol. 7, Title 37, Ch. 5—Test

ing of Milk and Cream Sec. 37-506 Babcock test to be used

270 37-508 Glassware to be marked correctly

270 37-509 Penalties for violations

270 37-511 Standard glassware furnished

270 Code Annotated (1947), fol. 7, Title 37, Ch. 6

Standardization of Glassware for Babcock Tests Sec. 37-601 Standard glassware to be used; inspection -- 270 37-602 Fees for testing glassware

271 37-603 Specifications for standard glassware 271 37-604 Violation a misdemeanor

272 Code Annotated (1947), Vol. 7, Title 37, Ch. 23—

Narcotic Drugs Sec. 37-2310 Marking requirements

272 37--2319 Enforcement officer

272

Code Annotated (1947), Vol. 10, Title 61, Ch. 5—

Public Utilities, Meters Sec. 61-520 Standards of measurement; rules and regulations; testing of meters

273 61-521 Right of entry

273 61-522 Testing meters at request of consumers 273 Code Annotated (1947), Vol. 11, Title 69, Ch. 2—

"Bonded Warehouse Law" Sec. 69-202 Definitions

273 69-205 Inspection and weighing

273 69-214 Inspectors

273 69--215 License to weigh

273 69-216 Suspension or revocation of licenses

273 69-217 Inspection fees

273 69-223 Receipts

273 69-231 Rules and regulations

274 69-233 Penalty for violations

274 Code Annotated (1947), Vol. 4, Title 18, Ch. 1

Misdemeanors Sec. 18-113 Penalty when not otherwise prescribed 274 Code Annotated (1947), Vol. 4, Title 18, Ch. 72–

False Weights and Measures Sec. 18–7201 False weight or measure defined

274 18–7202 Use of false weights or measures

274 18-7203 Same

274 18–7204 False marking

274 18-7205 Sales by ton and pound

274 18_7206 Fraudulent ore scales; penalty

274 18 7207 Alteration of ore values; penalty

274 Code Annotated (1947), Vol. 4, Title 18, Ch. 31-False

Advertising Sec. 18–3112 Unlawful acts; penalty

275

Code Annotated (1947), Vol. 11, Title 67, Ch. 26—

Department of Agriculture. Sec. 67-2601. Powers and duties.

The department of agriculture shall have power:

lations governing the marks, brands and labels which may be required upon receptacles for farm products.

9. To exercise the rights, powers and duties vested by law in the state sealer of weights and measures and his deputies and assistants.

22. To investigate the practices and methods of factors, commission merchants and others who receive, solicit, buy, sell, handle on commission or otherwise, or deal in grain, dairy products, eggs, livestock, vegetables, or other farm products, to the end that the distribution of such commodities through such factors, commission merchants and others shall be efficiently and economically accomplished without hardship, waste or fraud.

15. To establish and promulgate standards for open and closed receptacles for farm products and standards for the grade and other classification of farm products.

16. To prescribe and promulgate rules and regu

36. To establish standards of weights and measures and enforce compliance therewith. [1919]

Code Annotated (1947), Vol. 11, Title 71, Ch. 1

Weights and Measures, Powers and Duties of

Department of Agriculture.
Sec. 71–101. Custody of standards; enforcement of laws.

The department of agriculture shall have the care and custody of the authorized public standards of weights and measures and of balances and other apparatus of all kinds owned by the state. It shall maintain the state standards in good order and submit them at least once in every ten years to the national bureau of standards for verification. It shall compare and adjust by the state standards all county, municipal and other official standard weights, measures, balances and measuring devices which may be sent or brought to it for that purpose, and shall seal the same when found or made to conform to the state standards, by stamping upon each the letter “I” and the last two figures of the year in which the said comparison and adjustment have been made, with seals which it will have and keep for that purpose: provided, that it may refuse to compare and seal any weights, measures, balances or measuring devices as standards for any county, municipality or public offices which do not conform to the type approved by the national bureau of standards for such use. It shall enforce all laws now existing or which may hereafter be enacted in any manner whatever relating to weights and measures and false weights. [1905; last amended 1913.)

[ED. NOTE.-In the Idaho Code Annotated 1947, following the foregoing section, it is stated: “Legislation on the subject of weights and measures may be found as follows: R. S., Secs. 1250, 1251; 1890–1891, p. 204; 1889, p. 142; 1903, p. 87. An act of 1905, p. 364, am. 1907, p. 340, formed the basis of R. C., Secs. 1541-1545. An act of 1909, p. 231, H. B. 172, abolished the office of dairy, food and oil commissioner, the then ex officio inspector and sealer of weights and measures, and transferred his duties to the dairy, food and sanitary inspector. An act of 1913, ch. 84, p. 241, was a more detailed law and superseded most of the former law. Its repealing clause being general, however, Compiled Laws retained some of the provisions of R. C., Secs. 1541, 1543 and all of Sec. 1545. The law was reenacted as C. L., ch. 109. It provided for a state sealer of weights and meas

"Session Laws 1919, ch. 8, Sec. 51, p. 69, repealed C. L. 109; 1; Sec. 38 of the same act (Scc. 67-3401 herein) abolished the offices of the state sealer and his deputies, and Sec. 26 (Sec. 67-2601 herein) vested their powers and duties in the department of agriculture. The substitutions of offices and officials authorized by that act have been made accordingly, the text of pre-existing law not being changed

except in so far as necessary in making such substitutions.') Sec. 71–102. Inspection of weights and measures on request;

seal.

The department of agriculture may try and prove weights, measures, balances and other measuring devices on request, for any person, corporation or institution, and when the same are found or made

to conform to the state standards, and otherwise fulfill such reasonable requirements as it shall make, the department may seal the same with a seal which it shall have and keep for that purpose. [1913] Sec. 71–103. Records; annual report; regulations.

The department of agriculture shall keep a record of all of the weights, measures, balances or other measuring devices, sealed or condemned by it, and shall make an annual report to the governor on or before January 1, of each year, a copy of which shall be filed with the national bureau of standards. It shall issue, from time to time, regulations for the guidance of county, municipal and all other inspectors or sealers of weights and measures, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. [1913] Sec. 71–104. Additional records and reports.

The department of agriculture shall keep records of all weights and measures, balances and measuring devices inspected, sealed or condemned by it, giving the name of the owner or agent, the place of business, the date of inspection, and kind of apparatus so inspected, sealed or condemned, and shall make a biennial report of the same to the governor on or before the first day of December, giving in addition to the above, an inventory of the standards and apparatus in its possession, and such other information as the department may deem important. [1913] Sec. 71–105. Testing, sealing, condemning and tagging of

weights and measures; fees for testing.

The department of agriculture shall try and prove all weights, measures, balances and measuring devices used in the State of Idaho, and when the same are found or made to conform to the authorized standards, it shall seal and mark such weights, measures, balances and measuring devices with a seal to be kept by it for that purpose, and issue its certificate showing that such weights, measures, balances and measuring devices have been inspected and do conform to the authorized standards. The department of agriculture shall have power to collect from all persons, firms and corporations who are using weights, measures, balances, and measuring and weighing devices in the state of Idaho an annual inspection fee, with the exception that such fee shall be waived on devices owned by the state of Idaho. The anual fee for such inspection shall be as follows: For each portable scale one dollar; for each counter scale fifty cents; for each stationary warehouse scale two dollars; for each wagon, motor truck or stock scale five dollars; for each retail gasoline measuring device, fifty cents; for each vehicle tank under five hundred gallon capacity, seven dollars and fifty cents; for each vehicle tank over five

ures.

Code Annotated (1947), Vol. 11, Title 71, Ch. 1- justing and sealing or condemning the same. Weights and Measures, Powers and Duties of De

(1913] partment of Agriculture-Continued.

Code Annotated (1947), Vol. 11, Title 71, Ch. 2— hundred gallon capacity a fee of one and one-half Weights and Measures, Standards. cents per gallon. The commissioner of agriculture shall have the authority to fix a reasonable fee on

Sec. 71–201. Standards of weights and measures. all weighing and measuring devices not included in Such standard weights and measures as have been this section. Such fees shall be paid to said depart- furnished to this state by the government of the ment at the time of the first inspection after Janu- United States, in accordance with a joint resolution ary first of each year. A receipt shall be issued by of congress, approved June 17, 1836, and such the inspector for such payment. All fees collected weights, measures, balances and measuring devices under the provisions of this act shall be deposited as may be received from the United States as standin the said treasury into a special fund to be known ard weights, measures, balances and measuring deas "Weights and Measures Inspection Fund," and vices, in addition thereto or in renewal thereof, in addition thereto the said fund shall consist of any shall be the authorized standards of the state of appropriations made by the legislature of said fund; Idaho. [1905; last amended 1913.) that said fund is hereby perpetually appropriated, and declared to be a continuing fund to be used by

Sec. 71–202. Standard units of measure: Yard; rod; pole;

perch; mile; chain; acre. the department of agriculture in its department of weights and measures for the purpose of making

The units of standard measures of length and such inspections as herein provided for the purchase

surface from which all other measures of extension, of necessary equipment, supplies, and for the em- whether linear, superficial or solid, shall be derived ployment of such extra help as is necessary, and for

and ascertained, are the standard of length desigthe payment of such other and additional expenses

nated in this title (Secs. 71-101–71-411]. The yard as are necessarily incurred; provided, that no obli

is divided into three equal parts called feet, and gation shall be incurred under this title (Secs.

each foot into twelve equal parts called inches. For 71-101471-411] in excess of the amount available

measures of cloth and other commodities commonly in said fund. The department of agriculture shall

sold by the yard, the yard may be divided into have the authority to inspect any measuring or

halves, quarters, eighths and sixteenths. The rod, weighing device as often as the department deems

pole or perch contains five and one-half yards; the necessary, but only an annual fee shall be collected mile, 1760 yards; the chain for measuring land is for such service. Where any weight, measure, bal- twenty-two yards long and is divided into 100 equal ance or measuring device is found to be false or parts called links. The acre of land measure shall untrue, or which does not conform to the standards

be measured horizontally and contain ten square and yet may be repaired, it shall be marked or chains, equivalent in area to a rectangle sixteen tagged as "condemned for repairs," and the owners rods in length and ten rods in breadth; 640 acres or users shall have the same repaired within such

being contained in a square mile. [1913] time as the department may require, and any weight Sec. 71-203. Standard units of weight: Hundredweight; ton; or measure or weighing or measuring device that pound. has not been repaired within the required time The units of standards of weight, from which all and any weight or measure or weighing or measur- other weights shall be derived and ascertained, shall ing device that is, in the judgment of the depart- be the standard weights designated in this title ment, not susceptible to satisfactory adjustment or [Secs. 71-101—71–411]. The hundredweight conrepair, may be confiscated and may be taken into

sists of 100 avoirdupois pounds, and a ton contains possession by the inspector of the department.

twenty hundredweight. Whenever, hereafter in this Whoever shall remove any mark or tag placed on title, the word "pound" is used, it shall mean the any weighing or measuring device by the depart- avoirdupois pound, unless otherwise distinctly specment of agriculture, without its approval or con- ified. (1913] sent, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not

Sec. 71–204. Standard units of measure: Peck; half-peck; less than twenty dollars nor more than $200.00, or

quarter-peck; quart; pint; half-pint. imprisonment in the county jail for a period not

The units of standards of measure of capacity for to exceed sixty days. [1913; last amended 1947.] commodities, not liquids, from which all other

measures shall be derived and ascertained, shall be Sec. 71–106. Right of entry.

the standards for such commodities designated in The department of agriculture through its offi- this title (Secs. 71-101-71-411]. The peck, halfcers, shall have full power to enter any premises in peck, quarter-peck, quart, pint and half-pint measor on which any weights, measures, balances or ures for measuring commodities which are not measuring devices may be located or used for the liquids shall be derived from the half-bushel by sucpurpose of trade, for the purpose of inspecting, ad- cessively dividing that measure by two. [1913]

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Sec. 71-205. Same: Half-gallon; quart; pint; half-piat; gill.

The units of standards of measures of capacity for liquids, from which all other measures shall be derived and ascertained, shall be the standard liquid measures designated in this title (Secs. 71–10171-411). The liquid gallon shall be divided by continual division by the number 2 so as to make halfgallons, quarts, pints, half-pints and gills. [1913] Sec. 71-206. Same: Electrical measure.

The standard of electrical measures recognized by the national bureau of standards, when procured by the state, shall be the standard of electrical measures in the state of Idaho. [1913] Sec. 71–207. Metric system legal.

The weights and measures of the metric system shall be legal weights and measures in the state of Idaho. [1913] Sec. 71-208. Barrel, bushel sack, and bushel weights.

Whenever any of the following articles shall be contracted for, or sold, or delivered, and no special contract or agreement shall be made to the contrary, such sale and all computations for payment or settlement therefor shall be by weight.

The net weight per barrel or bushel, or divisible merchantable quantities of a barrel or bushel, shall be as follows:

Wheat flour, per barrel, one hundred ninety-six pounds; per half-barrel, ninety-eight pounds; per quarter-barrel sack, forty-nine pounds; per oneeighth barrel sack, twenty-four pounds; per onesixteenth barrel sack, twelve pounds.

Corn meal, per bushel sack, forty-eight pounds; per half-bushel sack, twenty-four pounds; per quarter-bushel sack, twelve pounds.

Of the following articles per bushel:1

Sec. 71–209. Standard of measurement for stone masonry.

The perch is the standard of measurement of stone masonry and contains sixteen and one-half solid feet. [1883]

Sec. 71-210. Cord of wood.

Unless otherwise especially agreed upon, a cord of wood shall contain one hundred twenty-eight cubic feet, eight feet long, four feet high and four feet wide. [1913] Sec. 71-211. Construction of contracts.

All contracts, sales or purchases hereafter made for work to be done, or for anything to be sold or delivered or done, by weight or measure, within this state, shall be taken and construed in terms of, and according to, the standards of weights and measures adopted by this title (Secs. 71-101— 71-411], except where parties have agreed upon any other calculations or measurements; and all statements and representations of any kind referring to the weights or measures of commodities sold or purchased, or exposed for sale, shall be understood in terms of the standards of weights or measures aforesaid. [1913]

Alfalfa seed
Apples, dried
Apples, green
Barley
Beans
Beets
Bran
Buckwheat
Carrots
Castor beans
Clover Seed
Corn, shelled
English blue-grass seed
Flaxseed
Hemp Seed
Hungarian and millet seed
Indian corn, in the ear
Kaffir Corn
Lime, unslacked
Malt
Native blue-grass seed
Oats
Onions
Parsnips
Peaches
Peaches, dried

Pounds per
Bushel

60 24 48 48 60 56 20 50 50 46 60 56 22 56 44 50 70 56 80 32 14 32 57 50 48 33

Sec. 71-212. Sale of dry commodities.

All dry commodities, not otherwise specified in this title (Secs. 71-101—71-411], shall be sold only by standard and dry measure, standard weight, or numerical count, except where parties otherwise agree. [1913] Sec. 71-213. Apple boxes.

A box or packet of apples shall contain 2150.42 cubic inches. [1905] Sec. 71–214. Standard berry boxes; marking requirements.

Berries and small fruits, whenever sold in boxes, shall be sold in boxes containing a standard dry quart or dry pint, and if said boxes contain less than this amount, the information must be given to the purchaser, and such packages must be labeled with a statement of the net contents. [1913]

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