be established that the fruit or vegetable passed inspection by an authorized inspector of the Department [State Department of Markets] or by an inspector of the United States Department of Agriculture and was graded, packed and marked in accordance with the provisions of this sub-title. Certificates of inspection issued by all such inspectors shall be accepted as prima facie evidence in any Court of the facts contained therein. [1989]

Sec. 38. When vendor exempt from prosecution.

Any person who sells any fruit or vegetable in a container which is not properly marked shall not be prosecuted therefor when he can establish by satisfactory evidence that he was not a party to the grading or packing of the fruit or vegetable in question, and had no knowledge that the same was mismarked or illegally packed. [1939]

Flack's Annotated Code 1939, Vol. 1, Art. 23Taximeters.

Sec. 365. Inspection and test.

The owner shall post in a conspicuous place, in each of the taxicabs owned by him, for which a permit shall have been issued, a schedule of the fares to be collected from passengers, and such schedule shall be so printed and arranged that such passengers can readily determine the exact fare payable by them, and it shall be unlawful to collect any fare otherwise than as appearing on, and determinable from, said schedule. Each taxicab, for which a permit has been issued, shall be equipped, while being used in the taxicab service, with accurate taximeters properly installed and connected, which taximeters shall be used exclusively as the means of measuring the charges for taxicab service rendered. When a fixed charge is made by zone, the extent of the zone shall be expressed in mileage. Such meters shall be subject to inspection and test by the Public Service Commission at the expense of the owner. [1931]

Flack's Annotated Code 1939, Vol. 1, Art. 23-Gas and Electric Meters.

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

The Commission [Public Service Commission] shall appoint inspectors of gas and electric meters, whose duty it shall be to inspect, examine, prove and ascertain the accuracy of any and all gas meters used or intended to be used for measuring or ascertaining the quantity of illuminating or fuel gas, or natural gas, furnished by any gas corporation to or for the use of any person, and any and all electric meters used or intended to be used for measuring and ascertaining the quantity of electrical current furnished for light, heat and power by any electrical corporation to or for the use of any person or persons, and

when found to be or made to be correct, the inspecor shall stamp or mark all such meters and each of them with some suitable device, which device shall be recorded in the office of the Secretary of State.

No corporation or person shall furnish or put in use any gas meter which shall not have been inspected, proved and sealed, or any electric meter which shall not have been inspected, approved, stamped or marked by an inspector of the Commission. Every gas and electric corporation shall provide and keep in and upon its premises a suitable and proper apparatus, to be approved and stamped or marked by the Commission, for testing and proving the accuracy of gas and electric meters furnished by it for use, and by which apparatus every meter may and shall be tested, on the written request of the consumer to whom the same shall be furnished, and in his presence if he desires it. [1910; last amended 1914.]

Sec. 400. Inspection of meter upon request; removal if in

correct.

If any consumer to whom a meter has been furnished shall request the commission [public service commission] to inspect such meter, the commission shall have the same inspected and tested; if the same, on being tested, shall be found to be four per cent, if an electric meter, or two per cent, if a gas meter, defective or incorrect, to the prejudice of the consumer, the inspector shall order the gas or electrical corporation forthwith to remove the same and to place instead thereof a correct meter, and the expense of such inspection and test shall be borne by the corporation, if the same, on being so tested, shall be found to be correct, the expense of such inspection and test shall be borne by the consumer. A uniform reasonable charge shall be fixed by the commissioner [a public service commissioner] for this service. [1910]

Flack's Annotated Code 1939, Vol. 1, Art. 25— County Standard of Length.

Sec. 138. County to provide standard measure; custody.

The said county commissioners shall provide and keep a standard measure of one rod in length, by which surveyors of lands in said [each] county may compare, test and verify their several chains, the said standard measure to be kept under the control and in the custody of the county clerk, and to be accessible to all surveyors as aforesaid under such restrictions and regulations as may be deemed by the said county commissioners compatible with its safety and proper preservation. [1870]

Flack's Annotated Code 1939, Vol. 1, Art. 27-Apple Barrel.

Sec. 203. Dimensions.

An apple barrel 1 shall be of the following dimensions: Head diameter, seventeen and one-eighth

Flack's Annotated Code 1939, Vol. 1, Art. 27—Apple Barrel-Continued.

inches; length of stave, twenty-eight and one-half inches; bulge, not less than sixty-four inches, outside measurement; and every person, firm or corporation buying or selling apples in this State by the barrel shall be understood as referring to the quantity or size of the barrel specified in this section; provided, however, that nothing in this section shall prevent any shipment of apples in the regular flour barrel. [1900]

1 See Sec. 24, page 429.

Flack's Annotated Code 1939, Vol. 1, Art. 27"Uniform Narcotic Drug Act."

Sec. 340. Marking requirements.

Whenever a manufacturer sells or dispenses a narcotic drug and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind and form of narcotic drug contained therein. [1935]

Sec. 351. Enforcement.

It is hereby made the duty of the State Department of Health, its officers, agents, inspectors and representatives, and of all peace officers within the State, and of all State's Attorneys, to enforce all provisions of this sub-title, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State and of all other States, relating to narcotic drugs. [1935]

Sec. 352. Penalty for violations.

Any person violating any provision of this subtitle [Secs. 328-357] shall, upon conviction, be punished for the first offense by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for not exceeding three years, or both; and for any subsequent offense by a fine not exceeding three thousand dollars ($3,000.00) or by imprisonment for not exceeding five years, or both. [1935]

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

It shall be unlawful for any person, persons, firm or corporation within this State to manufacture for sale, produce for sale, expose for sale or sell any article of food, which is mis

branded or insufficiently labeled within the meaning of sections 189 to 200, and any person or persons, firm or corporation who or which shall manufacture for sale, produce for sale, expose for sale or sell any article of food which is misbranded or insufficiently labeled within the meaning

of sections 189 to 200, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not to exceed five hundred dollars, or shall be sentenced to no more than one year's imprisonment, or both such fine and imprisonment, in the discretion of the court; provided, that no article shall be deemed misbranded within the provisions of sections 189 to 200 when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the provisions of sections 189 to 200. [1910]

Sec. 192. When food deemed misbranded.

Second. If it be labeled or branded so as to deceive or mislead the purchaser,

Third. If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; provided, however, that reasonable variations shall be permitted and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of Section 196.

Fourth. If the package containing it, or its label, shall bear any statement, design or device regarding the ingredients or the substances contained therein which statement, design or device shall be false or misleading in any particular; amended 1935.]

Sec. 193. Guaranty protection.

[1910; last

No dealer shall be prosecuted under the provisions of sections 189 to 200 when he can establish a guaranty, signed by the wholesaler, jobber, manufacturer or other parties residing in this State from whom any article or articles which may or can come within the provisions of sections 189 to 200 has or have been purchased, to the effect that same is not misbranded within the meaning of sections 189 to 200, designating them. Any guaranty under the provisions of sections 189 to 200 to afford protection shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such case said guarantor or guarantors shall be amenable to the prosecutions, fines and other penalties which would attach in due course to the dealer under the provisions of sections 189 to 200. [1910]

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.

Every person who is engaged in any business in the conduct of which such person buys or receives milk or cream from the producer thereof shall, irrespective of the method of payment or settlement therefor, be required to hold a separate permit to be issued by the University of Maryland for each place where such milk or cream is weighed, measured or tested, *. [1941]

Sec. 510. Same.

It shall be unlawful for any person to purchase or receive milk or cream by weight, measure, or butter fat test at any place where the same is to be weighed, measured or tested unless such person holds an appropriate valid permit for such place, or after such permit has expired, is revoked, or while it is suspended.

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

It shall be unlawful for any person who is subject to the provisions of Section 509 of this sub-title [Secs. 497-525] to use, in the determination of the butter fat content of the milk or cream so purchased or received, any test glassware, weights, centrifuges, or balances which do not conform to the requirements of the United States Bureau of Standards and which have not been inspected, tested and approved by the University of Maryland, and for each such inspection said University shall have the right to make a reasonable charge, not in excess of five (54) cents per item. [1941]

Sec. 512. Weight of cream-test sample.

In all tests of cream, the quantity used in the test bottle shall be either nine (9) or eighteen (18) grams by weight, not measure, and the test shall be read with the aid of an approved meniscus remover. [1941]

Sec. 513. Weighing by licensed weigher; testing; records.

Every person who is subject to the provisions of Section 509 of this sub-title [Secs. 497-525] who purchases or receives milk on the basis of its weight shall have such weight ascertained by a person duly licensed as weigher by the University of Maryland, and every such person who purchases or receives

milk or cream on the basis of its butter fat content shall have such content ascertained and the samples used for such ascertainment drawn by a person duly licensed as sampler by said University. Immediately after the milk and/or cream shall be so weighed or tested, a record thereof shall be made in ink or with indelible pencil by the licensed weigher or tester who weighed or tested the same. Such record shall show the name of the producer, or his number where he is identified by number, in a manner satisfactory to said university, the location of the farm on which the milk and/or cream was produced, the marks by which the samples thereof may be identified, the weight, where the milk was purchased or received on the basis of its weight, and the butter fat content where the milk and/or cream were purchased or received on the basis of such content. All such records shall bear the date when such milk was weighed or such milk and/or cream was tested and the license number and signature of the weigher or tester who weighed or tested such milk and/or cream, and, together with evidence of payment for such milk and/or cream on the basis of such records, shall be kept for at least twelve (12) calendar months from the date thereof at the place where the milk or cream recorded thereon was received, and during such period shall be open to inspection at all reasonable times by the University of Maryland, and at the request of any person who produced any milk or cream shown upon any such record, that portion of the record which relates to the milk or cream produced by such person shall be open to the inspection of that person at any and all reasonable times. [1941]

Sec. 517. Unlawful to use incorrect weight, measure, or test.

No person shall use as a basis of payment to any producer of milk or cream any weight, measure, or butter fat test thereof other than the correct such weight, measure, or butter fat test. [1941]

Sec. 520. Enforcement.

The University of Maryland shall enforce the provisions of Sections 509 to 522, both inclusive, of this sub-title [Secs. 497-525], and shall have authority to make rules and regulations necessary for such enforcement. [1941]

Sec. 522. Penalties for violations.

Any person convicted of violating any of the provisions of Sections 509 to 521, both inclusive, of this sub-title [Secs. 497-525], except Sections 512 and 517, shall be sentenced to pay a fine of not to exceed One Hundred Dollars ($100.00), or to imprisonment in jail for not to exceed thirty (30) days, or both, at the discretion of the court, for each such offense. Any person convicted of violating any of the provisions of Sections 512 or 517 of this sub-title shall, for the first offense, be sentenced to pay a fine of not less than One Hundred Dollars ($100.00) nor

1947 Cumulative Supplement to Flack's Annotated Code 1939, Art. 43-Milk and Cream-Continued. more than One Thousand Dollars ($1,000.00) or to imprisonment in jail for not more than nine (9) months, and for each subsequent such offense shall be sentenced to pay a fine of not less than One Thousand Dollars ($1,000.00) or to imprisonment in jail for not less than nine (9) months, or both, at the discretion of the court. [1941]

Flack's Annotated Code 1939, Vol. 2, Art. 58Weighing and Testing of Milk or Cream on Petition.

Sec. 26. Board of Agriculture to weigh or test on petition.

On petition of twenty-five patrons of any dairy, creamery, or cooling station, the State Board of Agriculture, shall, through its duly authorized agent, make an inspection of such dairy, creamery or cooling station, including the testing and weighing of the milk or cream of each patron. [1916]

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

[ED. NOTE. This section specifies minimum weights per dozen for the different egg grades but as its provisions relate primarily to quality said section has been omitted.] Flack's Annotated Code 1939, Vol. 1, Art. 48Tobacco.

Sec. 19. Hogsheads to be weighed; records.

It shall be the duty of each inspector [of tobacco] to cause each hogshead of tobacco before it is uncased, to be weighed, and the tobacco in each hogshead and the cask itself, to be separately weighed in his presence or that of his weighing clerk, in scales with weights of the proper standard; and the weight of each hogshead as first weighed, and the gross and net weight of the tobacco therein contained after inspection, to be entered in a proper book, with sufficient reference to its numbers and marks as previously recorded. [1864; last amended 1916.] Sec. 20. Hogsheads to be marked with weight.

It shall be the duty of each inspector to cause to be marked with a marking-iron on the side of each hogshead of tobacco under his charge the warehouse, number and weight of said hogshead, and the net weight of tobacco contained therein, and to cause warehouse number of such hogshead to be marked with blacking on each head thereof. [1864; last amended 1916.]

Sec. 25. False packing.

If any inspector or warehouse official upon examination of any hogshead or basket or other container of tobacco has reason to suspect that the same is trash or false packed; he shall cause the same to be shaken out and repacked, and shall charge for so

doing either the sum of two dollars per hogshead or one-half cent per pound of tobacco, the same to be paid by the owner or his agent; and if any inspector shall find that the package, cask or hogshead containing said tobacco is constructed of green or unseasoned timber, it shall be his duty to uncase said tobacco and furnish a new and dry package, cask, or hogshead for the same at the cost and expense of the owner of said tobacco or his agent; said cost and expense not to exceed, however, the sum of one dollar for each package, cask or hogshead so furnished. [1872; last amended 1943.]

Sec. 31. Condemned or stayed tobacco to be weighed; records. All tobacco inspected in any of the warehouses which may be condemned or stayed shall be carefully cased up and weighed and the gross weight and tare be entered upon a book kept for that purpose, together with the number of breaks in such hogshead as may be stayed, also the cause, whether for false packing, trash, order or wet. [1872; last amended 1916.]

Sec. 32. Stayed tobacco to be repacked and reweighed; records. All tobacco thus stayed shall, with all convenient dispatch be shaken out, reconditioned and packed under the supervision of the inspector and reweighed and entered upon the inspection books as all other tobacco. [1872; last amended 1916.]

Sec. 40. Dimensions of hogsheads.

No tobacco of the growth of this State shall be passed or accounted lawful tobacco for sale or storage in a hogshead market in Maryland unless the same be packed in hogsheads not exceeding fifty-four inches in the length of the staves, nor exceeding forty-eight inches across the head; and the owner or his agent of tobacco packed in any hogshead of greater dimensions shall repack the same in hogsheads of the size herein prescribed, at his own expense before the same shall be passed. [1872; last amended 1943.]

Sec. 47. Same: Lawful containers.

It shall and may be lawful for any grower or any owner of tobacco grown in this State to sell the same either in the State or out of it, in hogsheads of any size or weight, or in boxes, or in any other kind of style of package, without being compelled to have the same inspected by the State inspectors and without being compelled to place the same in the State warehouses for any purpose whatsoever, [1864; last amended 1916.]

Sec. 59B. Weighing and measuring devices; inspections.

The proprietor or manager of every warehouse holding tobacco for sale shall have proper weights, measures, weighing devices, and measuring devices, and shall see that all such weights, measures, weighing devices, and measuring devices conform to the lawful standard and are kept in proper repair. All such weights, measures, weighing devices and meas

uring devices shall be inspected periodically by the State Superintendent of Weights and Measures or by the Bureau of Mines and if found to be accurate and in good condition, said State Superintendent of Weights and Measures or Bureau of Mines shall make proper certification thereto. [1943]

Sec. 59C. Weighman not to misrepresent weight; penalty.

Any weighman or person acting as weighman, in any market engaged in selling or storing leaf tobacco in Maryland, who shall knowingly and wilfully misrepresent or attempt to misrepresent the weight of any tobacco weighed by him on the warehouse floor shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) and not more than One Hundred Dollars ($100.00) for each and every violation of this section. [1943]

Sec. 59K. State tobacco authority to inspect weights and measures of sales agencies.

The term "Commercial Feeding Stuffs," shall be held to include all feeding stuffs used for feeding live stock and poultry, except the following:

(a) Whole seeds or grains.

(b) The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir and milo. (c) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials. [1920; last amended 1933.]

Sec. 104. Marking requirements.

corn

Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this State shall have printed thereon or affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying:

(a) The net weight of the contents of the package, lot or parcel; [1920]

Sec. 106. Registration; bulk sales.

Each and every manufacturer, importer, jobber, firm, association, corporation or person manufacturing, selling, offering or exposing for sale or distributing any commercial feeding stuffs as defined

in Section 103 of this Article [Secs. 1-173], shall pay to the University of Maryland an annual registration fee of fifteen ($15) dollars for each brand of commercial feeding stuff sold, offered or exposed for sale or distributed in this State except the following: pure wheat bran, pure wheat middlings, pure wheat mixed feed; pure rye bran, pure rye middlings, pure rye mixed feed, pure buckwheat bran, pure buckwheat middlings, pure buckwheat feed; pure corn and oat chop, pure corn bran and pure corn meal, sold as a feeding stuffs, on which no fee is required, and receive therefor a license to sell such commercial feeding stuffs until the first day of January next following; said fees to constitute a fund for the payment of the cost of the inspections, sampling, analysis and other expenses incident to putting into effect the provisions of this sub-title [Secs. 103-113]. Whenever any commercial feeding stuffs, as defined in Sections 103 or 106 is offered or exposed for sale in bulk or otherwise stored, the manufacturer, importer, jobber, firm, association, corporation or person keeping the same for sale shall keep on hand tags upon which shall be printed the statement required by the provisions of Section 104, and when such feeding stuffs is sold at retail in bulk or in packages belonging to the purchaser, the manufacturer, importer, jobber, firm, association, corporation or person shall furnish the purchaser with sufficient tags for said packages, and, upon request, with a card or cards upon which appears the statement required by the provisions of Section 104. [1920; last amended 1933.]

Sec. 111. Penalty for violations.

Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or distribute in this State, any commercial feeding stuffs without having attached thereto or printed thereon the

state

ment as required by the provisions of this sub-title [Secs. 103-113], or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said State Chemist or his authorized agent in the performance of his duty in connection with the provisions of this Article [Secs. 1-173], or who shall sell, offer or expose for sale or distribute in this State any commercial feeding stuffs as defined in Section 103, without complying with the requirements of the provisions of this sub-title,

*

shall be deemed guilty of a violation of the provisions of this Article and upon conviction thereof shall be fined not more than one hundred dollars ($100.00) for the first violation and not less than one hundred dollars ($100.00) for each subsequent violation. [1920]

Sec. 113. Enforcement; rules and regulations.

The Maryland State Board of Agriculture is hereby empowered to enforce the provisions of this