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35

Sec. 30 Rules and regulations governing marking requirements

434 32 When conformance to act mandatory

434 33 Enforcement; rules and regulations

434 Penalty for violations

434 37 Exemption from prosecution; certificates as prima facie evidence

434 38 When vendor exempt from prosecution

435 Flack's Annotated Code 1939, Vol. 1, Art. 23—Taxi

meters Sec. 365 Inspection and test

435 Flack's Annotated Code 1939, Vol. 1, Art. 23—Gas

and Electric Meters Sec. 399 Appointment of meter inspectors; duties; permissible meters; testing apparatus

435 400 Inspection of meter upon request; removal if incorrect

435 Flack's Annotated Code 1939, Vol. 1, Art. 25—County

Standard of Length Sec. 138 County to provide standard measure; custody-- 435 Flack's Annotated Code 1939, Vol. 1, Art. 27—Apple

Barrel Sec. 203 Dimensions

435

16

18

Flack's Annotated Code 1939, Vol. 2, Art. 97–
Weights and Measures

Page Sec. 1 State standards

426 2 Appointment of county inspectors; duties 426 3 Appointment of inspectors for Baltimore City; duties

426 Inspector's bond

426 5 Duties of inspectors; use of weights and meas

ures unlawful unless inspected and branded;
penalties

426 6 Notice of time of inspections to be published; exception as to Baltimore City

427 7 Records of inspections; examination of sample

packages submitted by manufacturer; cer-
tificate

427 8 Refusal to have inspections made; penalty 427 9 Use of family scales prohibited for commercial purposes; penalty

428 10 Seizure and sale of false equipment

428 11 Use of damaged or condemned equipment; penalty

428 12 Disposal of condemned equipment in Baltimore; removal of tag; penalty

428 13 Compensation of inspectors

428 14 Fees for adjusting equipment

428 15 Standard units of liquid measure; sale of ice

cream, frozen custard, etc. according to stand-
ard; penalty

428 Standard units of dry measure

428 17 Standard basket

429 Standard measure for berries, nuts, and small fruits

429 Same: Containers other than standard prohibited; penalty

429 20 Standard bushel for fruits and vegetables 429 21 Standard barrel measure for green peas or beans

in the hull; marking requirements; penalty -- 429 22 Same: Use when damaged or condemned; penalty

429 23 Standard barrel for fruits and vegetables 429 24 Standard double-head barrel for apples 429 25 Marking of non-standard barrels; penalty 429 26 Bushel, ton, and barrel weights

430 27 Transactions in grain by bushel weight only 430 28 False quantity marking on packages of cotton, woolen, or other dry goods; penalty

430 29 Bushel weight for tomatoes, scales and weigher

for Center Market of Baltimore City; method
of weighing; fees

430 30 Giving short weight or measure; penalty 431 31 Penalties, how recoverable

431 57 Solid fuel: Definitions

431 57A Same: Transfer of general supervision over

weighing and licensing from bureau of mines
to state comptroller

431 58 Same: Registration and oath of dealers; penalty; exception

431 59 Same: Revocation of certificate of registration__ 432 60 Same: Delivery ticket; contents; tolerance; penalties

432 61 Same: Weighmaster's license; revocation; du

ties; section applicable to District of Colum-
bia

432 62 Same: Certificate of origin; weighing of loaded

vehicles upon entering state; penalties 433 63 Same: Penalties

434 65

State Board of Agriculture empowered to in

spect weights and measures; penalties 434

19

197

Flack's Annotated Code 1939, Vol. 1, Art. 27—"Uni

form Narcotic Drug Act” Sec. 340 Marking requirements

436 351 Enforcement

436 352 Penalty for violations

436 Flack's Annotated Code 1939, Vol. 1, Art. 43—Food Sec. 189 Penalties for manufacturing and selling misbranded food; exceptions

436 192 When food deemed misbranded

436 193 Guaranty protection

436 Enforcement; rules and regulations

437 1947 Cumulative Supplement to Flack's Annotated

Code 1939, Art. 43—Milk and Cream
Sec. 509 Separate permit required at places where milk

and cream are weighed, measured or tested 437 510 Same

437 511 Requirements for and test of glassware, weights, and balances; fees

437 512 Weight of cream-test sample

437 513 Weighing by licensed weigher; testing; records 437 517 Unlawful to use incorrect weight, measure, or test

437 520 Enforcement

437 522 Penalties for violations

437

Flack's Annotated Code 1939, Vol. 2, Art. 58–Weigh

ing and Testing of Milk or Cream on Petition Sec. 26 Board of Agriculture to weigh or test on petition

438

1947 Cumulative Supplement to Flack's Annotated Code 1939, Art. 48, Sec. 145–Eggs

--- 438 Flack's Annotated Code 1939, Vol. 1, Art. 48–To

bacco Sec. 19 Hogsheads to be weighed; records

438 20 Hogheads to be marked with weight

438

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439

Flack's Annotated Code 1939, Vol. 1, Art. 48–Tobacco Continued

Pago Sec. 25 False packing

438 31 Condemned or stayed tobacco to be weighed; records

438 32 Stayed tobacco to be repacked and reweighed; records

438 40 Dimensions of hogsheads

438 47 Same: Lawful containers

438 59B Weighing and measuring devices; inspections 438 59C

Weighman not to misrepresent weight; penalty 439 59K State tobacco authority to inspect weights and measures of sales agencies

439 Flack's Annotated Code 1939, Vol. 1, Art. 48—Com

mercial Feeding Stuffs Sec. 103 Definition 104 Marking requirements

439 106 Registration; bulk sales

439 111 Penalty for violations

439 113 Enforcement; rules and regulations

439 Flack's Annotated Code 1939, Vol. 1, Art. 48—

Insecticides and Fungicides Sec. 114 Definitions

440 115 Marking requirements

440 117 Enforcement; rules and regulations

440 118 Exemptions

440 119 Penalty for violations

440 Flack's Annotated Code 1939, Vol. 1, Art. 48–Agri

cultural Lime Sec. 121 Marking requirements

440 122 Definitions

440 123 Tags and labels

440 126 Penalty for violations; enforcement officer 440

Flack's Annotated Code 1939, Vol. 2, Art. 89—Mine

Scales Sec. 31 Appointment of inspector of weights and mine scales

442 150 Miners to be paid by weight; scales to be provided; records; test weights; exception

442 151 Coal not to be screened before weighing 442 152 Competency and oath of weighers

442 153 Check-weighmaster; duties

442 154 Duties of weighmaster

442 155 Bushel and ton of coal

443 156 Authority of Bureau as weights and measures inspector

443 158 Use of incorrect scale or measure a misde

443

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Flack's Annotated Code 1939, Vol. 2, Art. 97—

Weights and Measures. Sec. 1. State standards.

The standards for weights and measures in this State, except as otherwise provided in this Article [Sec. 1-65], shall be the same as the standards of weights and measures of the United States. [1914] Sec. 2. Appointment of county inspectors; duties.

The County Commissioners of each County, shall, on or before the first day of May in each year, appoint some person, or persons, as inspector or inspectors of standards of weights and measures, who shall safely keep and preserve the same, and, when required, deliver them to said County Commissioners, or to such persons as they may appoint to receive the same; and who shall perform the duties as prescribed by this article in the territory for which they have been appointed. [1914] Sec. 3. Appointment of inspectors for Baltimore City; duties.

The Comptroller of Baltimore City shall appoint such number of inspectors of Standards of weights and measures as may be required for said city, said appointment to be made in the way and manner now, or that may hereafter be, adopted by the Mayor and City Council of Baltimore under and by virtue of the powers conferred by the Charter of

said city; and said inspectors shall safely keep and preserve said standards of weights and measures in and for the City of Baltimore, and, when required, deliver them to said Comptroller, or to such persons as he may appoint to receive the same; and they shall perform the several duties prescribed by this Article (Secs. 1-65] in and for the territory for which they have been appointed. [1914] Sec. 4. Inspector's bond.

Each person so appointed for the several Counties and the City of Baltimore, before entering upon the duties of his office, shall give bond to the County Commissioners of the County for which he is appointed or to the Mayor and City Council of Baltimore City if appointed for said city, in the penal sum of five hundred dollars, conditioned for the faithful discharge of all the duties appertaining to his office. [1914] Sec. 5. Duties of inspectors; use of weights and measures

unlawful unless inspected and branded; penalties.

All weights and measures used within this State in the vending of articles, shall be inspected and stamped or branded by said inspectors, and when adjusted shall be by said inspectors stamped or branded with letters "Md. S.," meaning thereby "Maryland Standard," together with the figures that will indicate the year of inspection, in such manner and on such parts of said weights and measures as shall be most lasting and effectual in preventing and detecting fraudulent practices or impositions in the use of such weights and measures; and the like inspection shall be repeated once in every year, and the year of inspection stamped or branded thereon; provided that such inspection and stamping or branding, as set out in this Section, shall be done in the city of Baltimore at such times and in the manner as is now, or may hereafter be provided by the Mayor and City Council of said city. Such weights and measures so examined and stamped or branded as aforesaid, and no other, shall be used in this State in the vending of such articles as are directed by law to be, or are usually sold by weight or measure, firm or corporation or agent, employee or officer of any person, firm or corporation; and any person violating any one of the provisions of this section shall be liable to indictment in any Court in this State having criminal jurisdiction, and upon conviction thereof shall be fined not more than fifty dollars, in the discretion of the Court, for the first offense, and if convicted a second time for a violation of this section, the person or persons so offending shall be fined not more than one hundred dollars, and be imprisoned for not more than thirty days, in the discretion of the Court, and his, her or their license, if any was issued for the business he, she or they are engaged in, shall be declared null and void by the Judge of said Court; and it shall not be lawful for such person or persons to obtain another license for the period of twelve months from the time of such conviction, nor shall a license be obtained by any other person or persons to carry on said business on the premises or elsewhere, if the person, so as aforesaid convicted, has any interest whatever therein, or shall derive any profit whatever therefrom; and in case of being convicted more than twice for a violation of this section, such person or persons on each occasion shall be imprisoned for not more than sixty days, and fined not more than double that imposed on such person or persons on the last preceding conviction; and his, her or their license, if any was issued, may be declared null and void by the Court, and no new license shall be issued to such person or persons for a period of two years from the time of such conviction, nor to any one else to carry on said business wherein he or she is in anywise interested, as before provided for the second violation of the provisions of this section. [1914; reenacted 1916.]

1 This section as reenacted in 1914, and as printed in the session laws for that year, showed a period following the word "measure.” Then came the following sentence: "Any person, firm, or corporation, or agent, employee or officer, of any person, firm or corporation, violating any of the provisions of this section shall be fined not more than twenty dollars for each offense.” This concluded the section, the current wording being that of the 1916 reenactment found in that year's session laws.

Sec. 6. Notice of time of inspections to be published; excep

tion as to Baltimore City.

The inspectors of weights and measures for the several Counties of the State shall attend at the different markets, towns and villages, in the County for which they shall respectively be appointed at least once in each year, and at the different public inspecting warehouses in said Counties at least twice in each year, on some certain days to be appointed by the County Commissioners of which thirty days' public notice shall be given by advertisement inserted in some one or more newspapers in the Counties in which there may be such paper printed, and also by advertisement set up at some conspicuous place in the said markets, warehouses, villages and towns, and shall inspect and adjust all beams and scales, weights and measures, used or intended to be used in said County: provided, that such inspection and adjustment of aīl beams, scales, weights and measures in Baltimore City shall be made at the times and in the manner as is now or may hereafter be provided by the Mayor and City Council of said city. [1914] Sec. 7. Records of inspections; examination of sample packages submitted by manufacturer; certificate.

Each inspector of weights and measures shall keep a record in book form, in which he shall register the names of the persons whose beams and scales, weights and measures he has adjusted, also the names of the manufacturers or persons for whom sample packages have been measured, together with the day of the month and year, and number and description of the same so adjusted or measured, which he shall submit to the inspection of the County Commissioners of the County for which he is appointed, or the Comptroller of Baltimore City if appointed for said city, once in each year or oftener if required. It shall also be the duty of the inspector or inspectors of standards of weights and measures to examine all sample packages submitted to them for measurement, and if the submitted package or packages are found to be in conformity with the standard of measurements as provided for by this article (Secs. 1-65], the said inspector or inspectors are to issue a certificate to the party or parties submitting the sample package setting forth this fact, which certificate is to be sufficient authority for the manufacturer of such packages to manufacture and to sell the same. [1914] Sec. 8. Refusal to have inspections made; penalty.

If any person, firm or corporation, or agent, employee, or officer, of any person, firm or corporation shall refuse or neglect to have his, her, their or its beams or scales, weights and measures inspected and adjusted as directed in this Article (Secs. 1-65] when required to do so by the proper officer, he, she, they, or it, shall be fined five dollars for every day during such delinquency. [1914]

Flack's Annotated Code 1939, Vol. 2, Art. 97—

Weights and Measures—Continued. Sec. 9. Use of family scales prohibited for commercial purposes; penalty.

It shall be unlawful for any person, firm or corporation, or agent, employee or officer of any person, firm or corporation to have in his, their or its possession for commercial purposes, any scale designated or commonly known as family scales. Any person, firm or corporation, or any agent, employee or officer of any person, firm or corporation having in his, her, their or its possession for commercial purposes any such scale, shall on conviction be subject to a fine of not less than twenty dollars nor more than fifty dollars for each offense, provided, that this shall not apply to any county of which there is no inspector of weights and measures or other similar official. [1920] Sec. 10. Seizure and sale of false equipment.

If any inspector shall be informed or has reason to suspect that any person, firm or corporation is using, or has in his, her, their or its possession with fraudulent intention any false beams or scales, or weights, or measures, he shall examine the same, and if he finds them, or any of them to be false he shall seize the same as a forfeiture, and adjust, and sell them at public auction; and shall annually return a statement of the money received therefor under oath to the County Commissioners of the County for which he is appointed, or the Comptroller of Baltimore City, if appointed for said city. (1914] Sec. 11. Use of damaged or condemned equipment; penalty.

If any weight or measure which shall have been stamped or branded as required by provisions of this Article [Secs. 1-65], shall be broken, injured, altered, or changed, or condemned by any inspector, and shall be found thereafter in the use of any person, firm or corporation, or agent, employee, or officer, of any person, firm, or corporation, within this State, such person, firm, or corporation, or agent, employee, or officer of such person, firm or corporation, shall be fined twenty-dollars for each and every offense; provided, that this Section shall not apply to the standard quart berry box or basket, nor to the standard barrel for the measurement in this State of green peas or beans in the hull. [1914] Sec. 12. Disposal of condemned equipment in Baltimore; removal of tag; penalty.

It shall be unlawful for any person, firm or corporation, or for any agent, employee or officer of any person, firm or corporation to sell, destroy or dispose in any way of any scale, weight or measure which has been condemned by an inspector of weights and measures in the City of Baltimore without the knowledge and consent of said inspector, or to remove any tag placed on a scale, weight or measure

by such inspector showing that it has been condemned until such scale, weight or measure has been re-inspected and approved, and the said tag shall be placed in a conspicuous place and shall only be removed by one of the inspectors of weights and measures. Any one violating the provisions of this section shall, upon conviction, be fined not less than twenty-five nor more than one hundred dollars for each and every offense. [1920] Sec. 13. Compensation of inspectors.

Each inspector for the several Counties shall receive compensation for the discharge of his duties as the County Commissioners of the County for which he is appointed shall think proper to allow, which shall be levied on the assessable property of said County, and collected as other County charges. And the inspectors appointed for Baltimore City shall receive compensation for the discharge of their duties as is now, or may hereafter be, provided by the Mayor and City Council of said city. [1914) Sec. 14. Fees for adjusting equipment.

Whenever any inspector shall be applied to (to] adjust scales, weights and measures by adding to or diminishing the same, or to adjust scales and beams he shall be allowed an additional reasonable compensation therefor to be paid by the party so apply. ing for his services. [1914] Sec. 15. Standard units of liquid measure; sale of ice cream,

frozen custard, etc. according to standard; penalty.

The units or standards of measures of capacity for liquids designated in this Article [Secs. 1–65) shall be based on a liquid gallon, or two hundred and thirty-one cubic inches; thirty-one and one-half gallons equaling one barrel, and two barrels one hogshead, continual divisions of the gallon by two, equaling half-gallons, quarts, pints, half-pints and gills. Ice cream, frozen custard, ice milk, milk sherbet, water ice or ice sherbet sold in packages or containers of one gill or more shall, for the purposes of this section, be deemed to be a liquid. Any person, firm or corporation selling ice cream, frozen custard, ice milk, milk sherbet, water ice or ice sherbet in packages or containers containing one gill or more which do not conform to the divisions of the gallon as prescribed in this section shall be guilty of a misdemeanor and, upon conviction, be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each and every offense. [1914; last amended 1935] Sec. 16. Standard units of dry measure.

The units or standards of measures of capacity for dry measure designated in this Article [Secs. 1–65) shall be based on a dry bushel of two thousand one hundred and fifty and four-tenths cubic inches; continual divisions of the bushel by two, equalling halfbushels, pecks, half-pecks, quarter-pecks, quarts, pints and half-pints. [1914]

Sec. 17. Standard basket.

The standard five-eighths (5/8) of a bushel basket shall contain not less than thirteen hundred and forty-four (1344) cubic inches. [1914) Sec. 18. Standard measure for berries, nuts, and small fruits.

The standard of measure for shipping and selling strawberries, raspberries, blackberries, currants, gooseberries, cranberries, whortleberries, cherries, plums, peanuts, kernels of other nuts, and all other berries and small fruits, grown and packed in this State, or grown elsewhere and packed or repacked in this State, shall be the quart containing sixty-seventh (sixty-seven) and two-tenths cubic inches, continual division of the quart by two, equalling pints and half-pints. [1914] Sec. 19. Same: Containers other than standard prohibited;

penalty.

Any person, firm or corporation, or agent, employee or officer of any person, firm or corporation, having in his, her or its possession for use for the packing or repacking of the berries, fruits, nuts and other articles designated in the sixteenth section of this Article (Secs. 1-65), grown in this State or elsewhere, a berry box or basket of less capacity than that designated in Section sixteen, shall on conviction be fined not less than twenty dollars nor more than fifty dollars for each offense; and the possession for use, or use of each such berry box or basket shall constitute a separate offense. [1914; last amended 1920.]

of the City of Baltimore upon the same in three conspicuous places, and any person using a barrel for the measurement of peas, beans and like farm products without being so stamped shall be fined not less than one hundred dollars nor more than five hundred dollars, said fines to be collected as other fines are now collected. [1914; last amended 1916.] Sec. 22. Same: Use when damaged or condemned; penalty.

If any barrel for the measurement of green peas, or beans, in the hull when sold by the bushel in this State, which shall have been stamped as provided for in Section 21 of this Article (Secs. 1-65], shall be broken, injured, altered, or changed, or condemned by the inspector, and shall be found thereafter in the use of any person, firm, or corporation, or agent, employee, or officer of any person, firm or corporation, within the State, such person, firm, or corporation, or agent, employee, or officer of such person, firm or corporation, shall be fined not less than one hundred dollars for each offense. [1914] Sec. 23. Standard barrel for fruits and vegetables.

The standard barrel for the shipment or sale by the barrel of pears, quinces, Irish potatoes, sweet potatoes, turnips, green peas, beans, cabbage, beets, parsnips, carrots, kale, spinach, broccoli, onions, and all other fruits and vegetables grown and packed in this State, or grown elsewhere and packed or repacked in this State, shall be of not less than the following dimensions: Diameter of top and bottom, sixteen and one-half inches; diameter of bulge, eighteen and one-half inches—both inside measurements, length of stave twenty-seven and one-half inches. [1914] Sec. 24. Standard double-head barrel for apples.

The standard double-head barrel for the shipment or sale by the barrel of apples grown and packed in this State, or grown elsewhere and packed or repacked in this State, shall be of the following dimensions: Head diameter, seventeen and one-eighth inches (171/8), regardless of the depth of the chine in the staves; distance between heads, twenty-six inches (26), inside measurement; circumference at the bulge, sixty-four inches (64), outside measurement. [1914] Sec. 25. Marking of non-standard barrels; penalty.

Any person, firm or corporation in this State who manufactures, sells, offers for sale, or has in his, her, or its possession barrels, baskets, or boxes of the capacities defined in Sections 20, 23 and 24 of this Article (Secs. 1-65], and if of less capacities than are defined in said Sections 20, 23 and 24, must plainly mark in three conspicuous places on the exterior sides of said barrels, baskets, or boxes, in letters not less than one and one-half inches high the word "Short." Any person, firm, or corporation, or agent, employee, or officer of any person, firm, or

Sec. 20. Standard bushel for fruits and vegetables.

The standard bushel box or basket for the shipment or sale by the box or basket of peaches, pears, tomatoes and all other fruits and vegetables grown and packed in this State, or grown elsewhere and packed or repacked in this State, shall be of the capacity of two thousand one hundred and fifty and four-tenths cubic inches when even full, a halfbushel box or basket for the same shall be of the capacity of one thousand and seventy-five and twotenths cubic inches when even full. [1914] Sec. 21. Standard barrel measure for green peas or beans the hull; marking requirements; penalty.

The standard barrel for the measurement of all green peas, or beans in the hull for which a heaping measure is now given, shall be of the following dimensions, namely: diameter of said barrel at the top shall be eighteen and three-fourth inches inside the staves, the diameter at the bottom inside the staves shall be sixteen and one-fourth inches, and the depth of said barrel shall be twenty-six inches inside, and to contain in all six thousand two hun. dred and fifty-three and three-fourth cubic inches, measurement by said barrel to be struck measure. The dimensions of any barrel so used shall be stamped by the inspector of weights and dry measures

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