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Revised Statutes 1946, Title XXVIII, Ch. 354Clay

Mine Scales.
Sec. 354.010. Definitions.

(1) As used in KRS 354.010 to 354.470, unless the context requires otherwise:

and a registrar for the grain warehouses of each city containing grain warehouses and having a board of trade, and shall fix their duties, and the amount and kind of bond to be given by them.

(2) No person shall be appointed as such an inspector, weigher or registrar unless he is a citizen of Kentucky, is at least twenty-five years of age, has been for at least one year next preceding his appointment a resident of the city for which he is chosen, and is not a member of the city board of trade, or interested in any warehouse. (1893).

(b) "Commercial mine” means any clay mine from which the product is mined for sale or exchange.

(c) “Department" means the Department of Mines and Minerals.

(3) The provisions of KRS 354.010 to 354.470 shall extend to commercial clay, but shall not apply to the mining of clay or other minerals which are mined from open pits or open mines. [1946] Sec. 354.020. Enforcement.

KRS 354.010 to 354.470 shall be administered and enforced by the Department of Mines and Minerals. (1946) Sec. 354.130. Inspection of mine scales; fee.

(1) The inspectors of mine weights shall inspect and test all scales, except railroad scales, used in connection with any commercial clay mine in this state, and shall determine their mechanical condition and accuracy. Each clay operator or superintendent shall render such assistance to the inspector of mine weights as may be necessary in conveying and handling the weights and other appliances that are needed for the proper inspecting and testing of scales. The inspector of mine weights shall leave a written record with the mine operator or superintendent as to the condition of the scales inspected and shall post in the weight office a record of the inspection of the scales. If, upon inspecting and testing any mine scale, the inspector deems it necessary that the scale have any parts replaced, or that the scale be reconditioned or the foundation or building repaired or renewed, the operator or superintendent shall immediately comply with his recommendations.

(2) Each operator shall pay a fee of $7.50 to the department for each mine scale inspection. [1946) Sec. 354.990. Penalty for violations.

Sec. 359.080. Weigher in county not having board of trade.

(1) In every county containing grain warehouses and not having a board of trade, the fiscal court shall appoint an inspector, a weigher and a registrar for the grain warehouses of the county. Each inspector, weigher or registrar shall be appointed for a term of two years and until his successor is appointed and has qualified. The inspector, the weigher and the registrar shall each file in the office of the county clerk a bond, with good sureties approved by the fiscal court, and conditioned for the faithful performance of their duties, and action may be brought on the bond by any person injured by a violation of its conditions.

(2) No person shall be appointed as such an inspector, weigher or registrar unless he is a citizen of Kentucky, is at least twenty-five years of age, has been for at least one year next preceding his appointment a resident of the county for which he is chosen, and is not interested in any warehouse.

(4) The inspector, weigher and registrar shall inspect, weigh and register, respectively, all commodities stored in the grain warehouses, and the fiscal court shall fix the fees to be paid to them by the seller for their services. [1893] Sec. 359.090. Breach of duty by weigher; improper influence.

(1) No inspector, weigher or registrar appointed under KRS 359.070 or 359.080 shall neglect his duty, or knowingly or carelessly inspect or grade any grain improperly, or accept any money or other consideration for any neglect of duty or for improperly performing any duty.

(2) No person shall improperly influence any such inspector, weigher or registrar in the performance of his duties. [1893] Sec. 359.990. Penalty for improperly influencing weigher.

(2) Any person who violates any of the provisions of subsection (1) of KRS 354.130 shall be fined not less than twenty-five nor more than two hundred dollars. (1946) Revised Statutes 1946, Title XXIX, Ch. 359-Grain

Warehouses. Sec. 359.070. Weigher for grain warehouses in city having board of trade; inspection standards and fees.

(1) The Commissioner of Agriculture, Labor and Statistics shall appoint an inspector, a weigher

(3) Any person who violates any of the provisions of sub-section (2) of KRS 359.090 shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not less than three nor more than twelve months, or both. (1893)

Revised Statutes 1946, Title XL, Ch. 434-False discount or in any way invest in or accept as colAdvertising

lateral security any bonds, bill, share of stock, note

warehouse receipt or any security; or to make any Sec. 434.270. Unlawful acts; penalty.

loan upon or invest in any property of any kind Any person who, directly or indirectly, displays or uses any of such advertising methods with the or exhibits to the public in any manner, whether purpose of deceiving or misleading any other per by handbill, placard, poster, picture, film or other- son to employ, for a valuable consideration, the wise; inserts or causes to be inserted in any pub- services of any person advertising such services lication; issues, exhibits or in any way distributes shall be fined not more than five hundred dollars or disseminates to the public; or delivers, exhibits, or be imprisoned for not more than sixty days, o mails or sends to any other person any false or mis- both. If a corporation violates this section, it shal leading statement, representation or advertisement, be fined not more than five hundred dollars, an with intent to sell, barter or exchange any goods, its president, or other officers who are responsibl wares or merchandise or anything of value; or to for the management of the corporation, shall b deceive or mislead any other person to purchase, imprisoned for not more than sixty days. (1916)

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Acts 1948, No. 95–Weights and Measures

Pago Sec. 1 State standards

390 2 Commission of weights and measures; Membership; director and assistants

390 3

Same: Power and authority; inspection and
right of entrance; violation

390 4

Same: Regulations; sealing; right to seize
and condemn; confiscation

391 5 Commodities in package form: Marketing

requirements; unlawful acts; “in package
form" defined

391 6

Meat and poultry to be sold by weight;

standard weight containers for flours,
meals, hominy and hominy grits; com-
modities to be sold on basis of net weight;
exceptions

392
7 Unlawful to misrepresent price or quantity
of commodity, thing or service

392 Unlawful to hinder or impersonate director

or inspectors; peace officer powers of com-
mission

392
9
Violations of act; penalty

392 10 Definitions

393 12 Not to affect petroleum products_

393 Dart's General Statutes Annotated 1939, Vol. 6, Title

69, Ch. 1—Local Inspectors of Weights and Meas

ures Sec. 9945 Offices abolished

393 9946 Discretionary powers of police juries.9947 Powers of municipal corporations

393 9969 Appointment of deputy inspectors

393 Dart's General Statutes Annotated 1939, Vol. 6, Title

69, Ch. 2–Regulation of Weighing of Certain Prod.

ucts Sec. 9970 Stock-yard and slaughter-house weighers are public weighers

393 9971 Cotton: "Scalage" deductions unlawful 393 9972 Same: Actual weight to be accounted for; exception

393 9973 Same: Penalty for violations

393 9974 Ice: Vehicles to be equipped with scales.- 394 9975 Same: Overcharges

394 9976 Same: Penalties

394

Dart's General Statutes Annotated 1939, Vol. 2, Title

22, Ch. 7–Oysters Sec. 3081 Standard measure; inspections

396 3082 Inspection at ports or cities

396 3083 Fee; certificate of measurement

396 3084 Powers and duties of inspectors

396 3085 Compulsory inspections; penalties

896 3086 Appointment of representative inspectors.- 397 3087 Fees; certificate to be signed

397 3088 Disputes as to measurements to be arbitrated 397

393

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Dart's General Statutes Annotated 1939, Vol. 6, Title

69, Ch. 3—Standard Weights and Measures
Sec. 9977 Barrel measure; barrel for meal, flour and

pork; sack for bran or chops; baskets for
oysters

394 9978 Sale of coal and grain; bushel weights--- 394 9979 Flour, meal, cereals and grains: Enforcement

394 9980 Same: Standard packages; marking require. ments

394 9981 Same: Marking requirements

394 9982 Same: Penalties

394 9983 Same: Interference with inspector

394 9984 Same: Seizure

395 9988 Coal: Gauging; fee

395 9989 Same: Standard barrel and ton

895 9990 Same: Penalty

395 9999 Log measurement: Standard rule

395 10000 Same: Penalties

395

Dart's General Statutes Annotated 1939, Vol. 2, Title

23, Ch. 9—"State Food, Drugs and Cosmetic Act" Sec. 3317.2 Definitions

399 3317.4 When food deemed misbranded; exceptions 399 3317.5 Regulations relating to fill of container --- 399 3317.9 When drugs and devices deemed misbranded; exemptions

400 3317.12 When cosmetics deemed misbranded; exemptions

400 3317.15 Regulations for enforcement

400 3317.20 Prohibited acts; penalties; guaranty protection

400 3317.23 Seizure

401 3317.24 Injunction

401

Dart's General Statutes Annotated 1939, Vol. 4,

Title 43, Ch. 2—Government by Mayor and Alder

men Sec. 5422 Powers and duties of mayor and board of aldermen

395

Dart's General Statutes Annotated 1939, Vol. 3, Title

32, Ch. 2-Beef and Pork Barrels Sec. 3967 Weight; dimensions; marking requirements 401

Dart's General Statutes Annotated 1939, Vol. 3, Title 32, Ch. 3—Petroleum Products

Page Sec. 3981 Definitions

401 3986 Measuring devices to be accurate; inspec

tion; sealing; measurement and calibra-
tion of vehicle tanks; violation of act; cer-
tificate of compliance; fee

401
3989.3 Rules and regulations; enforcement; right
of entry

402 3989.6 Condemnation of measuring devices

402 3989.9 Suspension of right to engage in business as a penalty

402 3989.10 Penalties for violations

402

Dart's General Statutes Annotated 1939, Vol. 3, Title

32, Ch. 4-Gas, Electric and Water Meters Sec. 3990 Meters to be furnished

403 3991 Charges not to be for more than registered amount

403 3992 False meters

403 3994 Penalty for violations

403 3995 Authority of municipalities

403 3996 Exceptions

403

Acts 1948, No. 93— Commercial Fertilizers

Page Sec. 1 Enforcement

404 2 Definition

404 3 Stop sale order

404 4

Statement to be filed; marking requirements;
ton

404
6
Cancellation of registration

404 7 Violations; penalty

404 9

Same: Warning notices for minor violations 404 10 Exceptions

404 Acts 1948, No. 94-Commercial Feed Sec. 1 Enforcement

405 2 Definitions

405 3 Stop sale order

405 4

Statement to be filed; marking require.
ments; ton

405 6 Cancellation of registration

405 7 Violations; penalty

405 9

Warning notices for minor violations. 405
Exceptions

405
Acts 1948, No. 112—Agricultural Poisons
Sec. 1
Enforcement

405 2 Definition ---

405 3 Stop sale order

406 4

Statement to be filed; marking requirements;
hundred weight

406
5
Cancellation of registration

406 6 Violations; penalties

406 8

Warning notices for minor violations 406 9 Exceptions

406 Dart's Criminal Statutes, 1943, Part IV, Ch. 19—False

Advertising
Sec. 966
Unlawful acts

406 967 Same: Penalty

406

10

Dart's General Statutes Annotated 1939, Vol. 5, Title

55, Ch. 14Public Service Commission Sec. 7917.1 Gas, electricity and water: Enforcement ---- 403

7917.2 Same: Scope of commission's authority. 403 8010 Same: Municipalities divested of powers.--- 403

Dart's General Statutes Annotated 1939, Vol. 6, Title

62, Ch. 24-Checkweighing of Fruit and Vegetable

Containers Sec. 9594.10b State market commission may checkweigh -- 403

Acts 1948, No. 95–Weights and Measures.
Sec. 1. State standards.

Be it enacted by the Legislature of Louisiana, That the weights and measures received from the United States under joint resolution of Congress approved June 14, 1836, and July 27, 1866, and/or such weights and measures in conformity therewith as shall be supplied by the State shall, when the same shall have been certified by the National Bureau of Standards, be the State standards of weights and measures. Such State standards shall be submitted at least once in ten years to the National Bureau of Standards for certification. Such copies of the State standards of weights and measures and such other weights, measures, and apparatus as may be necessary to carry out the provisions of this Act shall be supplied by the State. [1948] Sec. 2. Commission of weights and measures: Membership; director and assistants.

That there is hereby created a Commission of Weights and Measures, to be composed of the Governor, the Collector of Revenue and the Commissioner of Agriculture and Immigration, which commission shall carry out the provisions of this Act; the Commission of Weights and Measures shall appoint a Director, inspectors of weights and meas

ures and clerical assistants who shall comprise a Division of Weights and Measures in the Department of Agriculture and Immigration. The powers and duties given to and imposed upon the Commission of Weights and Measures by this Act are hereby given to and imposed upon its Director and inspectors also, when acting under its instructions and at its direction. [1948] Sec. 3. Same: Power and authority; inspection and right of entrance; violation.

That the Commission of Weights and Measures hereinafter referred to as the Commission, shall have and keep a general supervision over the weights and measures and weighing and measuring devices offered for sale, sold, and in use in the State. When not otherwise provided by law, the Commission shall have the power to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale; and it shall be its duty at least once each year and as much oftener as it may deem necessary to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing or measuring devices commercially used or employed in proving the size, quantity, extent, area or measurement of quantities, things, produce, or articles for distribution or consumption, pur. chased 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 it 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. The Commission of Weights and Measures may for the purposes above mentioned, and in the general performance of its official duties, enter and go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, itinerant buyer, person in charge of any delivery vehicle, or any person whatsoever, and require him, if necessary, to proceed, with or without any vehicle involved, to some place which the Commission may specify. Whenever the Commission finds a violation of the statutes relating to weights and measures, it shall cause the violator to be prosecuted. (1948) Sec. 4. Same: Regulations; sealing; right to seize and condemn; confiscation.

That the Commission shall issue from time to time regulations for the enforcement of the provisions of this Act (Secs. 1-13]. The said regulations may include standards of net weight, net measure, or net count for any commodity, product, or article, and also specifications and tolerances for all weights, measures, and weighing and measuring devices of the character of those specified in Section 3, which shall be designated to eliminate from use, without prejudice to apparatus which conforms as closely as practicable to the official standards, those which are not accurate, which are of such construction that they are faulty—that is, which are not reasonably permanent in their adjustment or which will not repeat their indications correctly-or which facilitate the perpetration of fraud. For the purposes of this Act apparatus shall be deemed to be correct when it conforms to all applicable requirements promulgated as specified in this section; other apparatus shall be deemed to be incorrect. Regulations promulgated under the authority of this section shall have the force and effect of law.

Whenever the Commission compares weights, measures, or weighing or measuring devices and finds that they correspond or causes them to correspond with the standards in his possession, it shall seal or mark such weights, measures, or weighing or measuring devices with appropriate devices.

The Commissioner shall condemn and seize and may destroy incorrect weights, measures, or weighing or measuring devices which, in his best judg

ment, are not susceptible of satisfactory repair; but such as are incorrect and yet, in its best judgment, may be repaired, it shall mark or tag as "Condemned for Repairs.” 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 period as may be specified by the Commission, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the Commission. 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 Commission. (1948] Sec. 5. Commodities in package form: Marking requirements; unlawful acts; "in package form" defined.

That 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 Commission. 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 Commission is hereby authorized to promulgate regulations fixing and establishing for any commodity in package form a reasonable standard of fill of containers.

The words “in package form" as used in this Act (Secs. 1-13] shall be construed to include 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 prior to the order of the commodity, 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.

Provided, that a box or carton used for shipping purposes, containing a number of packages which are individually marked, as hereinbefore provided, will not be required to bear weight or measure of the contents thereof.

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